ALLAHABAD HIGH COURT: WHEN HUSBAND CHOOSES TO LIVE AWAY FROM HIS PARENTS, WIFE'S FAILURE IN TAKING CARE OF THEM DOES NOT AMOUNT TO CRUELTY

The Allahabad High Court in the case Jyotish Chandra Thapliyal v.Smt. Deveshwari Thapliyal observed and has held that when the husband choses to live away from his parent, thus, the mere failure in taking care of his parents does not amount to cruelty.

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The Appellant-Husband approached the High Court against the dismissal of divorce petition by Principal Judge, Family Court, Moradabad.

In the present case, the petition has been filed by Husband for divorce wherein it alleged cruelty by the respondent-wife as she was not taking care of his parents.

The court in the case observed that the admittedly appellant had himself chosen to live separately from his parents and wanted his wife to live with them to take care of them.

The court in the case observed and has held that the alleged failure which being on part of the wife in taking care of her in-laws is subjective in nature.

The bench observed that the appellant never stated what level of care was required from the wife towards his parents.

The bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh was hearing the present matter.