Can a wife separate husband from his parents when he is a single son

802 votes

Sir,
As per new guideline, the wife cannot seek separate residence. It is also observed that, along with the wife it is the duty of son to look after his aged parents. Apart from all it is the morel obligation also. Therefore she cant resist all this.

You contact any advocate or interested contact us,

Advocate M Lakshmikanth Arya LawRato

517 votes

in this case the wife cannot claim a separate house, in this case it is better you file a case for restitution of conjugal rights or for divorce, asking for a separate house and to stay away from parents is a cruelty on basis of which the court can grant divorce, better to ask her if she intends to join you to lead married life and if she refuses then better to take legal steps.

Advocate Bharat Narasgouda LawRato

899 votes

Dear Sir,
Your wife has no legal right or any other right to separate you from your parents whether you are single son or otherwise. If she is not agreeing to stay along with your parents then you may seek divorce without alimony to her.
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https://www.theguardian.com/world/2016/oct/08/india-divorce-man-cruelty-western-thought-in-laws


Indian Court grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.

Advocate Kishan Dutt Kalaskar LawRato

198 votes

If your husband wants to stay with you, I will not suggest that you divorce him because of his mother-in law. If necessary, you can talk to your mother in law about how she's forcing you to do things you don’t want to.

Advocate Chikirsha Mohanty LawRato