Refusing to grant relief in a divorce case, the Madhya Pradesh High Court lauded the wife, saying that despite “being deserted by her husband”, she did not leave her matrimonial home and “remains rooted in her dharma as a wife”.
A Bench of Justices Vivek Rusia and Binod Kumar Dwivedi was hearing an appeal by the husband challenging an order of a lower court that had refused to grant him a divorce.
The court observed that “as per Hindu concept, marriage is a sacred, eternal and indissoluble union. An ideal Indian wife, even when deserted by her husband, continues to embody strength, dignity and virtue.”
The conduct of the wife in this case was “rooted in dharma, cultural values and sanctity of marital bond”, the court observed.
“Despite the pain of abandonment, she remains rooted in her dharma as a wife. She does not allow bitterness or despair to erode her sense of responsibility towards the marriage and the family she has become a part of. Therefore, the wife in the instant case has not left her matrimonial home, living with her in-laws, she upholds her self-respect and dignity,” the court observed.
The court said the woman “neither begs for her husband’s return nor maligns him, but lets her quiet endurance and noble conduct speak up for her strength”.
She has ensured that her family members and in-laws are “never
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tarnished by her deeds, words or actions”, the court observed.
“She is serving them with care and affection as she would have if her husband was present, thereby reinforcing her moral stature. She does not use her sufferings for gain of sympathy, instead she channelled it inward, reflecting the Hindu ideal of the woman as Shakti…,” the court said.
The court observed that “even when she left alone, she does not forsake the mangalsutra, the sindoor, or the symbols of her marriage status as her marriage to her is not a contract, but a Sanskara — an indelible sacrament”.
The “wife has revealed her strong determination and character, which a typical Indian woman/wife has”, the court said, adding that it is the husband, “who by deserting the wife, has meted out cruelty of false degree against her”.
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“It is a case depicting the loyalty of the wife as a typical Indian woman, who puts all her efforts to save her family life,” the court observed.
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