The Jharkhand High Court recently disallowed the maintenance ordered by a family court to a woman who was accused of trying to separate her estranged spouse from his family. Justice Subhash Chand, in his 25-page order, referred to observations by the Supreme Court and quoted ancient texts such as Manusmriti to explain the ideal married relationship and the rights and duties of a couple.

According to the court’s order, Indian culture makes it obligatory for a wife to serve the elderly members of her husband’s family and not make any unreasonable demands to live separately. The court emphasized that unlike in the West, where a married son often lives separately from his parents, family dynamics work differently in the Indian context.

The judge stated that a woman is expected to be with her husband’s family after marriage unless there is a strong justifiable reason for separation. The order further quoted Teresa Chacko’s book Introduction to Family Life Education, asserting that there are cultural and social expectations about appropriate behavior for both genders. The wife is expected to take charge of the couple’s social life, be involved in her husband’s work, and provide intellectual companionship.

The court invoked the Constitution, emphasizing that every citizen should value and preserve the rich heritage of Indian composite culture. Quoting the Manusmriti, the court stated that the happiness and contentment of women are vital for the prosperity of a family.

The case heard by the court involved an estranged husband challenging the order of maintenance for his wife and minor son. While setting aside the maintenance awarded to the wife, Justice Chand increased the amount payable for the child’s upkeep from Rs 15,000 to Rs 25,000 per month.