The husband, who is an assistant professor, filed the plea in the Jharkhand High Court against the order of a Family Court in Dumka claiming that the lower court “failed to consider the conduct” of his wife, who is a medical doctor.

As per the court records, the couple got married in 2013. However, the wife allegedly did not want to stay with her in-laws and also alleged that there was a demand for dowry from her husband’s side.

The High Court considered two issues at hand. Firstly, whether the wife refused to live with the husband without any sufficient cause. Secondly, whether the maintenance awarded is disproportionate given the income and the liability of the petitioner-husband.

After going through arguments, the Jharkhand High Court said the woman had left the matrimonial house of her own will because she did not want to serve her old mother-in-law and maternal grandmother-in-law. The court said the woman created pressure upon her husband to live separately from his family, which was not agreeable to the husband. In 2018, the wife started staying separately, court records stated. The court said multiple witnesses said that there was no dowry demand.

“In the Constitution of India…the fundamental duties of the citizens of India are enumerated…it is provided ‘to value and preserve the rich heritage of our composite culture’. It is the culture in India to serve the old mother-in-law or grandmother-in-law as the case may be by the wife in order to preserve this culture. It was obligatory on the part of the wife to serve her husband’s mother and maternal grandmother and not to insist on unreasonable demands to live separate from his old-aged mother-in-law and the maternal grandmother-in-law. Accordingly, the point of determination number 1 (sufficient cause in living separately) is decided in favour of the petitioner-husband and against the opposite party, ie wife,” Justice Subhash Chand of the Jharkhand HC said.

The HC then quoted lines from Yajurveda, Rigveda, and Manusmriti. “…It would also be pertinent to quote the lines of Rigveda, ‘O brilliant woman, remove ignorance with your bright intellect and provide bliss to all’ (Rigveda 4/14/3)… It would also be pertinent to quote the lines of Manu… ‘Where the women of the family are miserable, the family is soon destroyed, but it always thrives where the women are contended (Manusmriti 3:57)’”.

The Jharkhand HC then considered the financial means of the man and enhanced the amount of maintenance for the son from Rs 15,000 per month to Rs 25,000 per month.

“In view of the above, the impugned order passed by the learned Court below needs interference and this Criminal Revision deserves to be partly allowed,” Justice Subhash Chand said.