'Ideal Indian wife' embodies strength, stays rooted in 'dharma' even after being deserted: HC

Indore: Rejecting a petition for divorce filed by a man, the Madhya Pradesh High Court has extolled his wife who continued to live with her in-laws after he abandoned her, and said an "ideal Indian wife" remains rooted in her "dharma" in such a situation.

The conduct of the wife in the present case reflected the "Hindu ideal of the woman as Shakti - not weak, but submissive and powerful in her endurance and grace", said a bench of Justices Vivek Rusia and Binod Kumar Dwivedi in the judgement passed on August 5.

The petitioner, a constable with the Special Armed Force who got married in 1998, is living apart from his wife since 2006. After a local court rejected his divorce petition on the ground of 'cruelty', he moved the Indore bench of the High Court.

But the HC found the grounds cited in the plea "very shallow and hollow in nature", and noted that the woman, despite his absence, remained committed to her in-laws. "She is serving them with care and affection, as she would have, if her husband was present, thereby reinforcing her moral stature," the judges said.

"She does not use her sufferings for gain of sympathy, instead she channeled it inward, reflecting the Hindu ideal of the woman as Shakti - not weak, but submissive and powerful in her endurance and grace.....Even when she is 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 bench said.

"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. Her conduct is rooted in dharma, cultural values and sanctity of marital bond....Despite the pain of abandonment, she remains rooted in her dharma as a wife," said the High Court.

On the petitioner's contention that the wife was not ready to fulfill her marital obligation, the court said it was "falsified by the fact" that they have a son who is now major.

As to the claim that she accused him of illicit relations with a woman colleague, the court said it could not be treated as cruelty, considering her situation.

"In sheer frustration she....entertains apprehension, alleging that husband is having some romantic relationship with another woman, therefore, he was not taking her to live with him," the court said, adding that she did not make the allegation publicly but only in response to his divorce plea.

The husband had sought divorce claiming the wife showed no interest in marital relations, accused him of illicit relationships and drinking alcohol. The wife denied the charges, saying he was seeking divorce on false grounds.