High court quotes Manusmriti, nixes wife’s maintenance

High court quotes Manusmriti, nixes wife’s maintenance

RANCHI: Indian culture makes it “obligatory” for a wife to serve the elderly members of her husband’s family and not make any “unreasonable demand to live separately”, Jharkhand high court said while disallowing maintenance ordered by a family court to a woman accused of trying to distance her estranged spouse from his kin. Justice

Subhash Chand

‘s 25-page order cites observations by

Supreme Court

and quotes ancient texts, including

Manusmriti

, to outline the ideal married relationship and the rights and duties of a couple.

Unlike in the West, where a married son lives separately from his parents, family equations work differently in the Indian context, the order says.
Judge: Woman expected to be with in-laws after marriage
A woman in normal circumstances is expected to be with the family of the husband after marriage. She becomes integral to and part of the family… Normally, without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her.”

Quoting from

Teresa Chacko

‘s book Introduction to Family Life Education, the judge’s order goes on to say “there are many cultural and social expectations about appropriate behaviour for males and females”. “The wife has to take charge of the social life of the couple. She should develop an interest in her husband’s work. She should be able to understand his world of activities. Moreover, she should be able to give intellectual companionship to her husband,” it states. Invoking the Constitution, the order says every citizen has to value and preserve the rich heritage of “our composite culture”.

The order quotes the Manusmriti as saying “if the women of a family are miserable, that family is soon destroyed” and “always thrives where the women are content”.
The court was hearing an estranged husband’s petition challenging an order for payment of maintenance to his wife and minor son by a family court in Dumka. While

Justice Chand

set aside the maintenance awarded to the wife, he increased the amount payable for the upkeep of the estranged couple’s child from Rs 15,000 to Rs 25,000 a month.

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