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Ranchi: The Jharkhand High Court has cited religious texts while delivering a recent order involving a distraught wife seeking maintenance from her husband.
The judgment not only addresses interpersonal relationship between a husband and wife, but also discusses the rights and responsibilities of married couples.
In a 25-page order, Justice Subhash Chand quotes the Supreme Court to illustrate how women in India are received into the husband's family after marriage. Chand also uses excerpts from the Rigveda, Yajurveda, Manusmriti, and a book by Teresa Chacko titled Introduction of Family Life Education in the order.
Unlike the Western world, where a son separates from his family upon marriage, this is not the case in India, according to Justice Chand.
Quoting from a judgment of the apex court, Justice Chand states that a wife is expected to be with her husband's family after marriage, unless there is a strong justifiable reason for separation.
The wife becomes an integral part of the husband's family, and it is uncommon for her to insist on living separately.
To further explain this concept, Justice Chand references excerpts from the Rigveda, Yajurveda, Manusmriti, and a book by Teresa Chacko titled Introduction of Family Life Education.
Quoting from Chacko's book, the judge mentions that there are cultural and social expectations regarding appropriate behaviour for both males and females in marriage. The goals and functions of marriage can only be achieved when each family member fulfills their specific role.
The order also enumerates the role of a husband, stating that he should be a sex partner, companion, confidant, decision maker, and accountant. The husband should also be observant and provide emotional support to his wife.
On the other hand, the wife is expected to be an affectionate companion, a good sex partner, confidant, and social secretary for her husband.
She should take charge of the couple's social life, show interest in her husband's work, understand his activities, and provide intellectual companionship.
The matter had come up in a recent case filed by one Rudra Narayan Ray challenging the order of maintenance granted to his wife and minor son by a family court in Dumka.
Justice Chand passed the judgment on January 22 and modified the order to the extent that the maintenance awarded to Ray’s wife was set aside while his minor son’s maintenance amount was enhanced from Rs 15,000 to Rs 25,000.