‘Staying with parents during pregnancy not divorce cause'
The Times of India Delhi|March 01, 2022
The Supreme Court has said leaving matrimonial home by a woman to be with her parents during pregnancy and staying with them for a reasonable time could not be termed ‘cruelty’ and it can’t be raised by her husband as a ground for seeking divorce.
AmitAnand Choudhary
‘Staying with parents during pregnancy not divorce cause'

New Delhi: A bench of Justices KM Joseph and Hrishikesh Roy said it is very natural for a woman to prefer to be with her parents during pregnancy and her refusing to come to her matrimonial home during that period couldn’t be termed cruelty by husband and in-laws.

Although it came to the conclusion that the wife’s conduct was blameless in the case being heard, it directed dissolution of marriage in view of the peculiarity of the case as the couple was living separately for 22 years and her husband remarried immediately after getting divorce which was granted by a family court on the ground of cruelty. The lower court order was earlier overruled by the Madras HC and now, the apex court too held that the ground of cruelty was not made out.

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