The Jharkhand High Court judge, citing the Yajurveda, conveyed, “O woman, you are not meant to be overcome by challenges. You possess the strength to conquer the greatest of obstacles. Vanquish the foes and their forces; within you lies the courage of a thousand.”
In a notable judgment, the Jharkhand High Court has delved into the cultural obligations of married women in India, particularly emphasizing the duty of a wife to serve her elderly mother-in-law and grandmother-in-law. This observation came in the context of a Criminal Revision plea heard by Justice Subhash Chand.
Justice Subhash Chand, in his ruling, referred to the cultural practices and obligations deeply rooted in Indian society. He stated,
“It is the culture in India to serve the old aged mother-in-law or grandmother-in-law, as the case may be, by the wife, in order to preserve this culture.”
He further emphasized the obligation of the wife in this context, saying,
“It was obligatory on the part of wife to serve her husband’s mother and maternal grandmother and not to insist for unreasonable demand to live separate from his old aged mother-in-law and the maternal grandmother-in-law.”
The case involved a dispute where the wife had left the matrimonial home and refused to return, leading the husband to seek judicial separation. The court observed that the wife’s reluctance to serve her elderly in-laws and her insistence on living separately were central to the dispute. Justice Chand noted,
“The primary issue between the now estranged couple was that the wife doesn’t want to serve the aged mother-in-law and grandmother-in-law, who are 75 years and 95 years old, respectively.”
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In his judgment, Justice Chand referred to the Constitution of India, specifically Clause (f) of Article 51-A, which pertains to the fundamental duties of citizens to value and preserve the rich heritage of India’s composite culture.
The court also examined the case in light of the Supreme Court’s observations in Narendra Vs. K. Meena (2016), where it was held that persistent efforts by a wife to separate her husband from his family could constitute an act of ‘cruelty’. Aligning with this precedent, the Jharkhand High Court concluded that the wife’s decision to live separately without sufficient cause deprived her of the right to maintenance under Section 125 (4) of the CrPC.
Furthermore, the court cited various ancient Indian texts, including the Yajurveda, Rigveda, Manusmriti, and Brihat Samhita, to highlight the revered status of women in Indian culture and their integral role in family life.
Concluding the judgment, the court partly allowed the Criminal Revision, setting aside the maintenance awarded to the wife while increasing the maintenance for the minor son from Rs.15,000/- per month to Rs.25,000/- per month. This ruling underscores the court’s interpretation of cultural norms and legal obligations within the framework of family life in India, highlighting the perceived duty of a wife towards her in-laws.