DELHI HIGH COURT: WIFE CLAIM FOR SEPARATE RESIDENCE UNDER 'JUSTIFIED CIRCUMSTANCES' NOT CRUELTY

The Delhi High Court in the case X v. Y observed and has stated that the claim of the wife for separate residence under justified circumstances cannot be term as an act of cruelty to the husband.

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The Division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna in the case observed and has stated that there may be myriad situations such as differences with the in-laws, her own work commitments or difference of the opinion which may make her demand for separate accommodation justified for survival of the marriage. Thus, where there exist certain justifiable reasons, the claim for the separate residence per se cannot be termed as an act of cruelty.

The court in the case observed and has stated that where the husband has chosen to be in a joint family with his parents, the husband cannot be forced to separate from the first day of his marriage, thus, merely on the whims of his wife.