The institution of marriage has long been supported by two people's love,
trust, and understanding of one another. On the contrary, the foundation of the
relationship begins to crumble when one spouse disregards the other or attempts
to impose their power on them.
The topic of husbands forcing their wives to abandon their jobs is one such
issue that has attracted attention in recent legal and social debates. This
occurrence has been recognized as torture and can, thus, serve as grounds for
divorce in a number of jurisdictions.
- Cruelty as a Divorce Ground:
- Cruelty is covered under Section 13(ia) of the Act as a basis for divorce.
- The Family Courts Act's Section 13(1)(ia) established "cruelty" as a basis for divorce.
- However, cruelty was only a valid reason to file for divorce by judicial separation under Section 10 of the Act prior to 1976.
- It is impossible to separate the concept of cruelty from human nature. Instead, cruelty is greatly influenced by social stratification-based societal strata, lifestyles, connections, characteristics, and emotions.
- Falsely accusing the husband and making false remarks to him causes him great psychological suffering, which makes it an extreme type of cruelty.
- What's in the news?
- A bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari has held that making a wife quit her job is cruelty in the eyes of law. The Madhya Pradesh High Court held this in case X v. Y.
- Regarding X vs. Y:
- The wedding took place on April 19, 2014. The appellant was promoted to Assistant Manager at LIC Housing Finance Limited in 2017.
- According to the respondent, the wife quit her job and remained with him until he was able to find work.
- Following the appellant's divorce filing, the respondent husband filed a petition under Section 9 of the 1955 Act.
- The application under Section 9 was later withdrawn.
- The Learned Trial Court refused to grant divorce to the parties in the case of husband forcing wife to quit job.
- As a result, the High Court receives the appeal.
- The Court's Observation:
- The Court stated that neither spouse has the authority to force the other to perform any work of their own choosing.
- The Court further observed that the husband's cruelty was that he made it impossible for the wife to continue working and expected her to live only as he desired and intended.
- The Court allowed the marriage to be dissolved for the reasons listed above.
- Beyond marital issues, forcing a woman to resign from her position really diminishes her independence and dignity. Declaring such a conduct inhumane under the law is a significant step toward preventing marriage from being viewed solely as an imbalance of power.
- The legal system, the social structure, and attitudes on cultural customs must all protect the rights of each spouse in a marriage as cultures progress. Only in these situations can the very essence of marital harmony and respect for individuals be fully realized.
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