The Allahabad High Court recently said that mere failure to take care of aged parents of a husband may not amount to cruelty since such allegations are subjective in nature..The Division Bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh was dealing with a man’s appeal for divorce on the ground that his wife had failed to discharge “her moral duty” to take care of his aged parents while he used to live away while in service of the police.The Court said that the level of care that was necessary or desirable was never established by the husband. It further noted that no inhuman or cruel behaviour was pleaded by him.“Mere failure to take care of aged parents of a spouse that too when the spouse [husband] had chosen to live away from his matrimonial home, may never amount to cruelty. What exact situation may prevail in each household is not for the Court to examine in detail or to lay down any law or principle in that regard,” said the Court..The husband had initially moved the family court in Moradabad for divorce on the ground of cruelty.The family court rejected the plea leading to the present appeal before the High Court. The High Court also ruled that no cruelty was made out and thus held that the trial court had not erred in dismissing the suit for divorce.“The appeal lacks merit and is, accordingly, dismissed,” the Court ordered..Advocates Deep Chandra Joshi and Satya Prakash Pandey represented the husband.Advocates DK Srivastava and K Srivastava represented the wife.[Read Judgment]
