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Man can divorce wife if she tries to separate him from parents: Supreme Court
Last Updated: Friday, October 7, 2016 - 23:21
New Delhi: In a Hindu society, it is a "pious obligation" of the son to maintain parents and the persistent effort of the wife to constrain the husband to be separated from his family constitutes an act of 'cruelty' enabling him to get divorce, the Supreme Court has said.
A bench of Justices Anil R Dave and L Nageshwara Rao made the observations while confirming the decree of divorce sought by a Karnataka-based man.
The order was passed while setting aside Karnataka High Court judgment which had dismissed the decree of divorce granted by a Bangalore family court in 2001.
"In a Hindu society, it is a pious obligation of the son to maintain the parents. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and, in this case, we do not find any justifiable reason, except monetary consideration of the wife.
"In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income. The persistent effort of the wife to constrain the husband to be separated from the family would be torturous for husband and in our opinion, the trial court was right when it came to the conclusion that this constitutes an act of 'cruelty'," the apex court said.
It further said, "It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income.
In the order, the court said that for a wife insisting her husband to live separately from his parents is a western thought '"alien to our culture and ethos".
"In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family," the court said.
"She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her, it said.
Noting that in the present case, the behaviour of the wife appeared to be "terrifying and horrible", SC said, "One would find it difficult to live with such a person with tranquility and peace of mind. Such torture would adversely affect the life of the husband."
The apex court confirmed the divorce of Karnataka-based couple who got married in 1992.
The lower court had granted the husband divorce after he alleged cruelty on his wife's part. However, later the high court had set aside the trial court's judgement after which the man went in appeal in the Supreme Court.
PTI
http://zeenews.india.com/news/india...e-him-from-parents-supreme-court_1937856.html
Centre opposes triple talaq, polygamy in SC, says no place for such practices in secular India
Last Updated: Saturday, October 8, 2016 - 00:14
Zee Media Bureau
New Delhi: The Narendra Modi-led central government on Friday opposed in the Supreme Court the practice of triple talaq, 'nikah halala' and polygamy among Muslims, saying these practices do not adhere to Constitutional values and, therefore, cannot be accepted.
The Union government opposed the practices while filing its response in the apex court on the rights of Muslim women in matrimonial matters.
In its reponse the government filed an affidavit, which read the above mentioned practices by the Muslims in India were not "integral to the practices of Islam or essential religious practices."
The Ministry of Law and Justice, in its affidavit, referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.
"The fact that Muslim countries where Islam is the state religion have undergone extensive reforms goes to establish that the practise in question cannot be regarded as integral to the practices of Islam or essential religious practices," argued the government in the affidavit.
Referring to the changes in the personal law that have already taken place in Islamic countries, the government has cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.
"It is noteworthy that even theocratic states have undergone reforms in this area of the law and therefore in a secular republic like India, there is no reason to deny women the right available under the constitution," it said.
The affidavit filed by Mukulita Vijayawargiya, Additional Secretary in the Ministry, read: "It is submitted that the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality."
Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.
"The fundamental question for determination by this court is whether, in a secular democracy, religion can be a reason to deny equal status and dignity available to women under the Constitution of India," it said.
Dealing in detail with the idea of secularism, the government said that in a secular democracy, the state has no religion, which moreover has already been held to be the basic structure of the Constitution.
Saying that the right of women to human dignity, social esteem and self-worth are important facets of right to life, the government said that the gender justice is important and any practice by which women are left socially and financially or emotionally vulnerable or subject to whims and caprice of men folk is against gender justice.
Linking the issue with the Right to Life and Personal Liberty, the Centre in its 29-page affidavit said "gender equality and the dignity of the women are non-negotiable, overarching constitutional value and can brook no compromise.
The government said that the question of triple talaq, where husbands can summarily divorce their wives by pronouncing the word 'talaq' thrice, 'nikaah halaal' under which a divorced couple cannot remarry unless the woman marries again and becomes single again through divorce or death of the second husband, and polygamy needs to be considered in the light of the "principle of non-discrimination, dignity and equality".
"These Rights are necessary in letter and in spirit not only to realise the aspirations of every individual woman who is an equal citizen of this country but also for the larger well-being of the society and progress of the nation, one half of which is made up by women".
The Centre's affidavit said women must be made equal participants in the development and advancement of the world's largest democracy and any practice, which denuded their status as citizens due to religion, is an "impediment" in achieving the larger goal.
The Centre also said that the nation, being a founding member of the United Nations, was committed to international covenants and the UN Charter which spoke about equal rights for men and women.
The affidavit extensively dealt with the issue of personal laws in relation to fundamental rights.
Referring to the recent affidavit filed by All India Muslim Personal Law Board (AIMPLB) in the instant case, the Centre said the practices of triple talaq, nikah halala and polygamy cannot be regarded as an essential part of the religion and hence not entitled to protection under Article 25 (Freedom to practice religion) of the Constitution.
First Published: Friday, October 7, 2016 - 16:25
http://zeenews.india.com/news/india...tices-centre-tells-supreme-court_1937759.html
Last Updated: Friday, October 7, 2016 - 23:21
New Delhi: In a Hindu society, it is a "pious obligation" of the son to maintain parents and the persistent effort of the wife to constrain the husband to be separated from his family constitutes an act of 'cruelty' enabling him to get divorce, the Supreme Court has said.
A bench of Justices Anil R Dave and L Nageshwara Rao made the observations while confirming the decree of divorce sought by a Karnataka-based man.
The order was passed while setting aside Karnataka High Court judgment which had dismissed the decree of divorce granted by a Bangalore family court in 2001.
"In a Hindu society, it is a pious obligation of the son to maintain the parents. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and, in this case, we do not find any justifiable reason, except monetary consideration of the wife.
"In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income. The persistent effort of the wife to constrain the husband to be separated from the family would be torturous for husband and in our opinion, the trial court was right when it came to the conclusion that this constitutes an act of 'cruelty'," the apex court said.
It further said, "It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income.
In the order, the court said that for a wife insisting her husband to live separately from his parents is a western thought '"alien to our culture and ethos".
"In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family," the court said.
"She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her, it said.
Noting that in the present case, the behaviour of the wife appeared to be "terrifying and horrible", SC said, "One would find it difficult to live with such a person with tranquility and peace of mind. Such torture would adversely affect the life of the husband."
The apex court confirmed the divorce of Karnataka-based couple who got married in 1992.
The lower court had granted the husband divorce after he alleged cruelty on his wife's part. However, later the high court had set aside the trial court's judgement after which the man went in appeal in the Supreme Court.
PTI
http://zeenews.india.com/news/india...e-him-from-parents-supreme-court_1937856.html
Centre opposes triple talaq, polygamy in SC, says no place for such practices in secular India
Last Updated: Saturday, October 8, 2016 - 00:14
Zee Media Bureau
New Delhi: The Narendra Modi-led central government on Friday opposed in the Supreme Court the practice of triple talaq, 'nikah halala' and polygamy among Muslims, saying these practices do not adhere to Constitutional values and, therefore, cannot be accepted.
The Union government opposed the practices while filing its response in the apex court on the rights of Muslim women in matrimonial matters.
In its reponse the government filed an affidavit, which read the above mentioned practices by the Muslims in India were not "integral to the practices of Islam or essential religious practices."
The Ministry of Law and Justice, in its affidavit, referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.
"The fact that Muslim countries where Islam is the state religion have undergone extensive reforms goes to establish that the practise in question cannot be regarded as integral to the practices of Islam or essential religious practices," argued the government in the affidavit.
Referring to the changes in the personal law that have already taken place in Islamic countries, the government has cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.
"It is noteworthy that even theocratic states have undergone reforms in this area of the law and therefore in a secular republic like India, there is no reason to deny women the right available under the constitution," it said.
The affidavit filed by Mukulita Vijayawargiya, Additional Secretary in the Ministry, read: "It is submitted that the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality."
Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.
"The fundamental question for determination by this court is whether, in a secular democracy, religion can be a reason to deny equal status and dignity available to women under the Constitution of India," it said.
Dealing in detail with the idea of secularism, the government said that in a secular democracy, the state has no religion, which moreover has already been held to be the basic structure of the Constitution.
Saying that the right of women to human dignity, social esteem and self-worth are important facets of right to life, the government said that the gender justice is important and any practice by which women are left socially and financially or emotionally vulnerable or subject to whims and caprice of men folk is against gender justice.
Linking the issue with the Right to Life and Personal Liberty, the Centre in its 29-page affidavit said "gender equality and the dignity of the women are non-negotiable, overarching constitutional value and can brook no compromise.
The government said that the question of triple talaq, where husbands can summarily divorce their wives by pronouncing the word 'talaq' thrice, 'nikaah halaal' under which a divorced couple cannot remarry unless the woman marries again and becomes single again through divorce or death of the second husband, and polygamy needs to be considered in the light of the "principle of non-discrimination, dignity and equality".
"These Rights are necessary in letter and in spirit not only to realise the aspirations of every individual woman who is an equal citizen of this country but also for the larger well-being of the society and progress of the nation, one half of which is made up by women".
The Centre's affidavit said women must be made equal participants in the development and advancement of the world's largest democracy and any practice, which denuded their status as citizens due to religion, is an "impediment" in achieving the larger goal.
The Centre also said that the nation, being a founding member of the United Nations, was committed to international covenants and the UN Charter which spoke about equal rights for men and women.
The affidavit extensively dealt with the issue of personal laws in relation to fundamental rights.
Referring to the recent affidavit filed by All India Muslim Personal Law Board (AIMPLB) in the instant case, the Centre said the practices of triple talaq, nikah halala and polygamy cannot be regarded as an essential part of the religion and hence not entitled to protection under Article 25 (Freedom to practice religion) of the Constitution.
First Published: Friday, October 7, 2016 - 16:25
http://zeenews.india.com/news/india...tices-centre-tells-supreme-court_1937759.html
