Tag Archives: parents

Cruelty by Wife – Seeking Separation of Husband from his parents

In this case the wife wanted the husband to get separated from his family. The evidence shows that the family was virtually maintained by the income of the husband. It is not a common practice or desirable culture for a Hindu son in India to get separated from the parents upon 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 meager income. 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. In normal circumstances, a wife is expected to be with the family of the husband after the marriage. 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.
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. 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 him and the trial court was right in concluding that this constitutes an act of cruelty. Narendra v. K. Meena, (2016) 9 SCC 455.

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Filed under Cruelty By Wife, Matrimonial Dispute

Dowry Death – Summoning of Distant Relatives

In Kans Raj v. State of Punjab, (2000) 5 SCC 207, it was observed:
“A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case.”
The court has, thus, to be careful in summoning distant relatives without there being specific material. Only the husband, his parents or at best close family members may be expected to demand dowry or to harass the wife but not distant relations, unless there is tangible material to support allegations made against such distant relations. Mere naming of distant relations is not enough to summon them in absence of any specific role and material to support such role. Kailash Chandra Agrawal v. State of U.P., 2015 (88) ACC 602.

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Filed under Criminal Law, Dowry Death

Words “Family” and “Household”

“Household” and “Family” are not synonymous to each other and both the provisions would take its colour, in reference to the context it has been used, keeping in view the object and purpose sought to be achieved. According to Concise Oxford English Dictionary ‘family’ means a group consisting of two parents and their children living together as a unit; a group of people related by blood or marriage; the children of a person or couple; all descendants of a common ancestor.
Black’s law dictionary defines ‘family’ as (i) A group of persons connected by blood, by affinity or by law especially within two or three generations (ii) A group consisting of parents and their children (iii) A group of persons who live together and have a shared commitment to a domestic relationship.
According to Law Lexicon term ‘family’ may be said to have a well defined, broad and comprehensive meaning in general, it is one of great flexibility and is capable of many different meanings according to the connection in which it is used. Thus, it may be ‘children’, ‘wife and children’, ‘blood relations’ or the ‘members of the domestic circle’. According to the context, it may be of narrow or broad meaning as intention of the parties using the word, or as the intention of law using it, may be made to appear.
In its ordinary and primary sense the word ‘family’ signifies the collective body of persons living in one house or under one head or manager or one domestic Government. What constitutes a family in a given set of circumstances or in a particular society depends upon the habits and ideas of persons constituting that society and the religious and socio-religious customs of the community to which such persons may belong.
According to Law Lexicon ‘family’ may include even domestic servants and sometimes persons who are merely boarders.
On the other hand the term “household” means the collection of individuals who normally eat food prepared in the same kitchen. In Black’s Law Dictionary household has been mentioned belonging to the house and family as well as a family living together or a group of people who dwell under the same roof and in the Law Lexicon it has been described as number of persons dwelling under the same roof and composing a family and by extension all who are under one domestic head.
The term ‘family’ and ‘household’ are capable of wide and varying meaning and same cannot be left to be assigned a meaning in its general terms and the same has to be interpreted in reference to the context it has been used keeping in view the overall object and purpose sought to be achieved. Indrapal Singh v. State of U.P. and Others, (2014) 1 UPLBEC 379 (FB)

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Filed under Family Law, Household and Family