Supreme Court in one of the case before it laid down that continuous compel on husband by wife saperate from his parents amounts ‘cruelty’ to grant divorce.
It was further held by SC that false allegations against the spouse that he/she have extra marital affair and threatening to commit suicide also amounts to cruelty of civil nature,it was pronounced by the bench headed by Justice Anil R. Dave and Justice L. NageswaraBc in Narendra vs. K.Meena.
SC observation in expressing the first view
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason; she would never insist that her husband should get separated from the family and live only with her…. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.”
The Court also observed that it is very difficult to live with someonehaving an extra-marital affair is quite torturous for any person – be it a husband or a wife.
The Bench said: “The behaviour of the wife appears to be terrifying and horrible. One would find it difficult to live with such a person with tranquility and peace of mind. Such torture would adversely affect the life of the husband.” 29th June, 2015
“No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. The mere idea with regard to facing legal consequences would put a husband under tremendous stress. The thought itself is distressing.