No Husband Can Stop You From Staying With Your Parents

Marriage & Laws
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India’s traditional societal norms often restrict married women to stay with her own parents for extended periods of time.

Visits to the ‘Maike’ as it is often called, for a lot of families was considered acceptable only during pregnancies, illnesses or other serious issues. Often permission from the husband or a mother-in-law is expected to be sought before the woman can go to her parent’s house.

But thanks to a new Supreme Court verdict, this age old, stifling norm has been addressed  and has has been welcomed by all married women.

The Supreme Court said that “a wife is not a “chattel” or an “object” and she cannot be forced to reside with her husband even if the man desires to live with her.”

The Apex court observation was made during a hearing of a case in which a woman, who lodged a criminal case against her husband alleging cruelty, said that she did not want to live with him while the man maintained that he wants to reside with her.

A bench comprising Justice Madan B Lokur and Justice Deepak Gupta told the man, “She is not a chattel. You (man) cannot force her. She does not want to live with you. How can you say that you will live with her.”

Pune365 spoke to few eminent citizens and legal experts to gauge their reaction on this epic verdict passed by the Supreme Court Of India . 

The verdict is absolutely precise and pertains to article 14 and article 19. According to the freedom of liberty every individual as the right to decide with whom they have to stay.” Says eminent Advocate Jayant Shaligram.

Marriage is a part of our culture, but one cant force anyone to stay and the wife is definitely not an object. She can decide for herself.

If the husband is working abroad, and the wife choose to stay with her parents rather than her in-laws, that is permissible too. This is a matter of their choice and safety, opines Advocate Shaligram 

The judgement is only in the favour of women, our country has always given us tough times when it comes to women, says Rajeev who is currently separated.

No doubt there is an increase in crimes against women, but the city has failed to understand us men always. What if instead, we choose not to stay with our wives, then all feminists will come together and protest against us, won’t they?

I have been married for the past one year, I don’t want to force her to stay with me, but her reasons are weird and that’s why we are not staying together. She has asked me to come to her house and stay with her mom leaving my parents alone.

She doesn’t want a divorce, nor does she want to stay and the verdict may end up going in her favour. Now, what will the law makers do with such a woman? he adds.

“It depends on her with whom she wants to stay, I am fine if she wants to stay with her parents even after marriage,” says Anand Bhujang, engaged.

Marrying her doesn’t mean that she has to leave everything behind in line with the society. Anyway, since the verdict is passed they are free to choose their sides without having any societal pressure,” he adds.

Smita Tambe, housewife says, ” I have been married for ten years now, and ups n downs are the part of life. So, if I had to stay with my parents I would not have married him.

“Although their many restrictions imposed by in-laws, a law should be made against it. Staying together or not has always been an individuals decision,” she adds.

 

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#All views expressed in this article are those of the individual respondents and Pune365 does not necessarily subscribe to them. 

 

Ankita Malekar