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While hearing a petition, the Allahabad High Court said that not serving one’s in-laws does not fall under the category of cruelty. The court said that this cannot be called cruel behavior. Actually, the court made this comment while hearing a petition of a man in which the husband had demanded divorce calling his wife cruel. The man said in the petition that his wife had failed to fulfill her moral duty to take care of his elderly parents while he was away on his police duty.
“She does not serve, this is considered cruel treatment”
The division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh rejected the appeal of this Moradabad policeman. The policeman had filed a divorce petition against his wife in the Moradabad Family Court 14 years ago on the grounds of cruelty. The husband alleges that he is in the police job. In such a situation, he has to live in another city. He left his wife home to serve his parents, but this did not happen, she does not serve them, this should be considered cruel behavior.
“Allegations of cruelty based on personal expectations”
On this argument, the Chief Justice of the Family Court rejected the policeman’s plea. After this, he appealed to the High Court. The High Court rejected the petition and said that the allegation of cruelty is based on the husband’s personal expectations. This cannot establish the facts of cruelty. The husband has neither accused the wife of giving him any kind of inhuman torture nor is any such fact coming to light in the case.
The court said the order of the family court was correct
The court also cited the Supreme Court’s legal provisions and said that cruelty should be assessed on the basis of its effect on the husband or wife. The Allahabad High Court ruled that the order of the Moradabad Family Court is correct. In such a situation, the husband’s appeal is rejected. The court said that mere refusal to serve the in-laws cannot be considered cruelty. This cannot be considered so until a report and proper assessment of the conditions of the house is done.
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