Is Jharkhand HC's Take On Wives Serving Mother-In-Law Rooted In Indian Culture?

Recently, the Jharkhand High Court, through the lens of single-judge Justice Subhash Chand, reaffirmed the cultural ethos of India regarding the obligations of a married woman towards her aged mother-in-law. The Court, therefore, asserted that adherence to cultural norms, such as a wife serving her elderly in-laws, is integral to the constitutional ethos of the nation.

The Jharkhand High Court was dealing with the case of an estranged couple, Rudra Narayan Ray and Piyali Ray Chatterjee. The court set aside the judgment of a family court in Dumka that asked the husband to pay ₹30,000 as maintenance to his estranged wife and ₹15,000 to their minor son. 

Charges Alleged by the Husband and the Wife

The husband, Rudra Narayan Ray, alleged that his wife pressured him to live separately from his mother and maternal grandmother. He further said that she would often pick fights with them and go to her parents house without informing them. 

The wife, on the other hand, alleged that her husband and her in-laws subjected her to torture and cruelty for dowry. 

After hearing and examining the case, the court concluded that the wife was indeed pressuring the husband to stay away from his mother and grandmother without any valid grounds. 

The Court's statement about the Wife's Obligations

The court, headed by single judge Subhash Chand, stated that it is obligatory for a married woman to take care of her husband's mother (75 years old) and grandmother (95 years old) and should not insist on living separately from them. 

The court invoked Article 51A of the Constitution which ensures the preservation of the Indian culture. The court said, "In the Constitution of India under Article 51-A, the fundamental duties of a citizen are enumerated in clause (f), it is provided 'to value and preserve the rich heritage of our composite culture.' It is the culture in India to serve the old aged mother-in-law or grandmother-in-law, as the case may be, by the wife, in order to preserve this culture." 

Cultural Significance

Justice Chand also referred to various books on Indian culture to support its judgment. Citing Yajurveda, the judge said, "O woman you do not deserve to be defeated by challenges. You can defeat the mightiest challenge. Defeat the enemies and their armies you have a valour of thousand." 

Citing a part of Manusmriti, the judge added, "Where women of the family are miserable, the family is soon destroyed but it always thrives where the women are contended."

Justice Chand also quoted a book titled Introduction to Family Life Education authored by Prof. Teresa Chacko, which talks about the role of a wife in a family in detail. Referring to the book, the judge said that the primary issue between the estranged couple is that the wife is not willing to serve the aged mother and grandmother of her husband, and so she is pressuring the husband to stay separately. This is not a valid reason to stay away from the husband, and hence the demand for maintenance also stands invalid. 

The court said, "She creates pressure on her husband to live separately from his mother and grandmother. It is the very reason that this ground is not found sufficient. That's why the legislature, in enacting Section 125(4) of the CrPC, has provided one of the grounds for denial of maintenance: If the wife refuses to reside with the husband without any reasonable cause."

Hence, the court quashed the maintenance order of the family court. However, it increased the amount of maintenance granted to the son from ₹15,000 to ₹25,000.