Mere Failure Of Wife To Care Of Elderly Parents Of Husband Does Not Constitute Cruelty: Allahabad High Court

The Court was considering an appeal from a man seeking divorce on the grounds that his wife had not fulfilled her “moral duty” to care for his elderly parents while he was away serving in the police force. The husband argued that his wife’s failure to provide care amounted to cruelty.

A Division Bench consisting of Justice Saumitra Dayal Singh and Justice Donadi Ramesh said, “Mere failure to take care of aged parents of a spouse that too when the spouse had chosen to live away from his matrimonial home, may never amount to cruelty. What exact situation may prevail in each household is not for the Court to examine in detail or to lay down any law or principle in that regard.”

Advocate Deep Chandra Joshi appeared for the Appellant and Advocate DK Srivastava appeared for the respondent.

The Court observed that the husband did not establish what level of care was necessary or desirable, nor did he present evidence of inhumane or cruel behavior.

The family court in Moradabad had initially rejected the husband's plea for divorce on the grounds of cruelty, leading to the current appeal before the High Court.

The High Court upheld the family court’s decision, ruling that no cruelty had been demonstrated and thus found no error in the lower court’s dismissal of the divorce suit.

Cause Title: X v. Y, [2024:AHC:122037-DB]

Appearance:

Appellant: Advocates Deep Chandra Joshi and Satya Prakash Pandey

Respondent: Advocates DK Srivastava and K Srivastava