February 12, 2019
Case name: Shaikh Basid v. The State of Maharashtra
In the case, the appellant husband challenged Family Court’s order, whereby the Court by a common order had dismissed husband’s petition for restitution of conjugal rights and directed the husband to pay maintenance to the respondent-wife. The Applicant contended that even though his relations with his wife were cordial, she was staying with her parents without any just cause, whereas the wife contended that she had no complaint against the applicant husband, however, her in-laws were giving trouble to her and at their instance, the husband is subjecting her to harassment.
The High Court of Bombay in view of the facts and circumstances of the case upheld the Family Court’s order and made the following observations in the case:
The Court noted that in the Indian society, importance is given to the wishes of the husband and even if the wife is not comfortable with her in-laws, she has to follow the wishes of her husband and stay there along with the parents of her husband in order to respect the wishes of her husband. However, in the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is also required to be given to the wishes of the wife.
If the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, and if she resides with her parents because of the said reason, in my considered opinion, the wife has just cause to live separate and demand maintenance.