The Allahabad High Court recently held that the mere failure to care for a husband’s elderly parents does not necessarily amount to cruelty, as such claims are subjective.
A Division Bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh was hearing an appeal by a man seeking a divorce on the grounds that his wife had failed to fulfill her “moral duty” to care for his elderly parents while he was away serving in the police force.
The Court noted that the husband had not established what level of care was necessary or desirable, nor had he alleged any inhuman or cruel behavior on the part of his wife.
“Mere failure to take care of a spouse’s elderly parents, especially when the spouse [husband] has chosen to live away from the matrimonial home, may not constitute cruelty. The specific circumstances within each household are not for the Court to scrutinize in detail, nor is it appropriate to set any legal precedent on this matter,” the Court stated.
The husband had initially sought a divorce in the family court in Moradabad, citing cruelty, but the court dismissed his plea. This led to the current appeal before the High Court.
The High Court upheld the family court’s decision, finding no evidence of cruelty and ruling that the trial court had not erred in dismissing the divorce petition.
“The appeal lacks merit and is, accordingly, dismissed,” the Court concluded.
Advocates Deep Chandra Joshi and Satya Prakash Pandey represented the husband, while Advocates DK Srivastava and K Srivastava represented the wife.
