A division bench of Justices Harish Tandon and Madhuresh Prasad took exception to the observation of a family court that in a happy marriage, the wife provides the ‘climate’ and the husband provides the ‘landscape’.
“This observation is an archaic notion which has gradually eroded with the advancement of society in all respect. The two persons grown up and raised in a different atmosphere have a reciprocal and or collective duty to create a congenial atmosphere which cannot be said to be a one way traffic,” the bench said in its order.
The bench further said it was the collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life.
“Even the Constitution of India recognises equality in gender and therefore, the husband to be put on higher degree than that of the wife is unacceptable,” the bench underlined.
The family court appeared to be swayed by the emotions and inappropriate appreciation of the facts, the High Court said.
“Therefore, we could not persuade ourselves to agree with the findings made in the impugned judgment, which is thus, set aside. The application for solution of marriage (filed by husband) is dismissed while the application for restitution of conjugal rights (filed by wife) is allowed,” the Court ordered.
Source: Barandbench
