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For many years, marriage has been an institution that has always been buttressed on love, trust, and understanding between two people. On the contrary, when one partner fails to respect the other or tries to force his or her authority on the other partner, the base of the relationship starts to break.
One such problem that has come to the spotlight in the recent legal and social debates is the issue of husband forcing wife to quit job, a phenomenon that has gained recognition as torment, hence able to provide justification for divorce in various jurisdictions.
Cruelty as Ground of Divorce
Why in the News?
A bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari has held that making a wife quit her job is cruelty in the eyes of law. The Madhya Pradesh High Court held this in case X v. Y.
In the case of X vs Y:
Observation by the Court
Forcing a wife to quit her job goes beyond marital troubles and fundamentally undermines her personhood and independence. To characterize such a practice as cruel also under the law is to take an important step in the direction of preventing marriage from being understood only as a power asymmetry. With advancement in societies, it is most essential that the legal system, the social framework and attitudes about cultural practices guard the rights of every individual in a marriage. It is only under these circumstances that the very spirit of peace in marriage and respect for persons can truly be achieved.
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