The Madhya Pradesh High Court recently extolled a woman as the “ideal Indian wife” rooted in Dharma because she continued to live with her in-laws for nearly two decades despite being abandoned by her husband.
A Division Bench of Justices Vivek Rusia and Binod Kumar Dwivedi said that the woman showed loyalty as the “typical Indian woman” by putting all her efforts to save her family life.
The Court said that as per the Hindu concept, marriage is a sacred, eternal and indissoluble union and “an ideal Indian wife” continues to embody strength, dignity and virtue and her conduct is rooted in dharma, cultural values and the sanctity of the marital bond even when deserted by her husband.
“She [the wife] does not use her sufferings for gain of sympathy, instead she channeled it inward, reflecting the Hindu ideal of the woman as Shakti - not weak, but submissive and powerful in her endurance and grace. Even when she left alone, she does not forsake, the Mangalsutra, the Sindoor or the symbols of her marriage status as her marriage to her is not a contract, but a Sanskara - an indelible sacrament,” the Court said.
The Bench made these observations while dealing with a plea filed by the husband challenging the trial court order denying him divorce under the Hindu Marriage Act on the grounds of cruelty and abandonment.
He alleged that ever since they got married in 1998, his wife disliked him, accused him of drinking and alleged he had illicit relationships.
It was stated that the woman showed no interest in their marital life, avoided living with him at his postings, and refused cohabitation and marital obligations. He contended that they had been living separately since 2006.
The wife refuted all accusations, stating they were false and that the husband was concocting grounds to get rid of her.
She asserted she was always willing to fulfil her marital duties and had respected her responsibilities as both wife and daughter-in-law, continuing to live with his family. She claimed it was her husband who chose not to take her along, developed a relationship with a woman, and filed for divorce only when asked about this.
The wife added that she consistently lived in the matrimonial home with her in-laws, never abandoned her marital responsibilities, file any criminal cases or behave vindictively toward the husband.
After considering the case, the Court noted that the woman did not relinquish her obligations as an Indian Bahu, but preferred to live in the matrimonial house not only to preserve her dignity but also to serve her father-in-law and mother-in-law.
The instances cited by the husband are false and concocted which do not come to his rescue, the Court said.
“In the instant case even after deserted by husband neither the respondent/wife has chosen to leave the matrimonial home nor she has filed any criminal case against the appellant/husband making allegations which might have ruined career and life of the appellant, in itself proves the level of tolerance, respectful and helpful attitude of respondent/wife towards his husband/appellant. Respondent/wife has revealed her strong determination and character which a typical Indian woman/wife has.”
Therefore, the Court found no evidence of cruelty and abandonment.
It added that it was the husband who had meted out cruelty of a false degree on the wife by deserting her.
Advocate Sameer Verma appeared for the appellant-husband.
Advocate Pramod C Nair represented the respondent-wife.
[Read Judgment]