Wife Need Not Seek Permission To Visit Her Parents, Can't Be Forced To Look After In-Laws: Karnataka High Court
Primary duty to look after parents vests upon son or daughter, not son-in-law or daughter-in-law, Court said.
The Karnataka High Court has recently dismissed a husband's revision petition against a maintenance order, while observing that treating a wife as an 'employee' hired to do household chores and insisting upon seeking prior permission to visit her parents is contrary to the 'constitutional spirit of human dignity and social justice'.“…This Court does not understand why an Indian woman...
The Karnataka High Court has recently dismissed a husband's revision petition against a maintenance order, while observing that treating a wife as an 'employee' hired to do household chores and insisting upon seeking prior permission to visit her parents is contrary to the 'constitutional spirit of human dignity and social justice'.
“…This Court does not understand why an Indian woman is required to take permission of all present at her matrimonial home to fulfil her basic desire of visiting her parents house as and when she wish and feels to go. This Court is of the view that anyone including husband cannot command and demand any female including his wife to do the household activities and to look after, his parents. Household activities have to be shared by men and women equally…”, the court observed.
The single judge bench of Justice Dr. Chillakur Sumalatha made the remarks while dismissing a revision petition filed by the husband, who challenged the Family Court's order directing him to pay Rs. 9,000 per month in maintenance to his estranged wife and minor daughter.
The husband claimed that she failed to do household work and did not look after her father-in-law and mother-in-law.
“…If the parents are required to be looked after, the primary duty vests upon the son or daughter as the case may be, but not the son-in-law or daughter-in-law. Looking after the in-laws, either by the son-in-law or by daughter-in-law, should be a voluntarily act…”, the court said.
The Court also disapproved the husband's statement in his objections, where he claimed that his wife had gone to her parents' house without getting permission from him or his parents.
“…The above averments will certainly make anyone with minimum amount of common sense feel as if the petitioner/husband as an employer employed respondent No.1 to do household chores and to look after his parents… Husband cannot compel wife or coerce her to live according to his wishes and expectations. Marriage is not a license to control, command, dominate or conquer the individuality, freedom and will of the other party”, the court added.
The Court further noted that the husband's version about the wife changing her attitude post marriage and failing to look after her in-laws, indicated a desire to 'command and control the behaviour and wishes' of his wife.
“…Wife's dedication to family can never be measured by obedience and submission. Marriage is not a relationship between unequals. Any attempt or venture to deprive the autonomy of woman or to restrict her liberty merely basing on gender is contrary to the principles of equality and against the constitutional spirit of human dignity and social justice”, the court emphasised in its order.
Upholding the Tumkuru Family Court's order of Rs. 9,000 per month (Rs. 5,000 for the wife and Rs. 4,000 for the minor daughter), the High Court opined that even that amount is not sufficient considering the inflation.
“…In the present-day scenario, price escalation and cost of living Rs.150/- per head per day will not be sufficient for eking out livelihood at least with minimum standards. The petitioner is before this court seeking further reduction. However, in the light of the discussion that went on supra, this Court does not find any grounds either for setting aside or modifying the impugned order”, the court concluded while dismissing the criminal revision petition.
Case No: REV.PET FAMILY COURT No. 9 OF 2026
Citation : 2026 LiveLaw (Kar) 314