look news india
News India Live, Digital Desk: Jharkhand High Court, while hearing a case, has clarified that no wife can be forced to live with her husband against her will. The court said that the wife is not a ‘chattel’ or a ‘slave’ who can be forcibly sent away by the court’s order. Justice S.N. The division bench of Justice Prasad and Justice Subhash Chand overturned the decision of the Family Court, in which the wife was ordered to live with the husband.
1. What was the whole matter? (The Case Background)
This case was filed by a husband ‘Restoration of conjugal rights’ (Section 9, Hindu Marriage Act) Was related to the petition.
Husband’s argument: The husband said that his wife was living in her maternal home without any concrete reason, hence she should be ordered to live back together.
Wife’s allegation: The wife told the court that her in-laws harassed her for dowry and assaulted her, due to which she had to leave the house.
2. Strict remarks of the High Court (Court’s Observations)
Citing human dignity and Article 21 of the Constitution (right to life and liberty), the court said several important things during the hearing:
| Court’s main comment | legal implications |
|---|---|
| “Wife is not an object” | The wife has her own will and dignity, she cannot be considered the property of her husband. |
| “No order to forcefully live together” | If the wife feels threatened at her in-laws’ house, forcing her to stay there would compromise her safety. |
| “Interpretation of Hindu Marriage Act” | Section 9 cannot be used to torture anyone mentally or physically. |
3. What is Section 9?
Under Section 9 of the Hindu Marriage Act, if one of the spouses starts living separately from the other without any ‘reasonable excuse’, then the aggrieved party can seek an order from the court to live together.
What did the court find in this case?
The court said that the wife has presented sufficient evidence of cruelty and torture. In such a situation, it is wrong for the husband to say that the wife is living separately ‘without any reason’. The court rejected the husband’s petition considering it baseless.
4. Impact on society and law
Legal experts believe that this decision will strengthen women’s rights.
Personal Freedom: This decision gives the message that ‘consent’ and ‘respect’ are paramount even in marital relations.
Right to maintenance: The court also made it clear that despite living separately, the wife will continue to be entitled to maintenance of herself and her children.
Supreme Court’s stance is also strict
Earlier, the Supreme Court has also said in several decisions that the order for restoration of conjugal rights should not be used as ‘extortion’. This latest order of Jharkhand High Court takes forward this judicial ideology.