Supreme Court on Conjugal Rights

Recently, the Supreme Court has clarified that proceedings for the restitution of conjugal rights and maintenance are independent. This decision emphasises that a husband must continue paying maintenance to his wife, even if she does not comply with a court order for restitution.

Restitution of Conjugal Rights

Section 9 of The Hindu Marriage Act, 1955 allows a spouse to petition for restitution if the other has withdrawn from their society. This aims to preserve the traditional family unit.

Challenges to Section 9

  • 1983: Andhra Pradesh High Court struck down the law, questioning its place in modern society.
  • 1984: The Supreme Court overturned this ruling, stating it aids in preventing marital breakdown.
  • 2019: A PIL by Gujarat National Law University students challenged the constitutionality of Section 9, arguing it violates rights to privacy and non-discrimination. The case is pending.

Case Background

In the recent case, the wife left her husband in 2015. The husband filed for restitution in 2018, while the wife sought maintenance in 2019, claiming neglect.

Maintenance Proceedings

The family court ordered the wife to return home in 2022, but she did not comply. In February 2022, she was granted Rs 10,000 monthly maintenance, which the husband contested.

Supreme Court Ruling

The Supreme Court overturned the Jharkhand High Court’s decision, ordering the husband to continue maintenance payments. It emphasised that the refusal to comply with a conjugal rights decree does not automatically disqualify a wife from receiving maintenance.

Legal Implications

The ruling marks that courts must consider individual circumstances when determining maintenance eligibility. The Supreme Court noted that the Jharkhand High Court had placed too much emphasis on the conjugal rights case findings.

Current Legal Debate

The constitutionality of Section 9 remains contested. Critics argue it perpetuates gender stereotypes and violates rights to privacy. The Centre maintains that it provides a balanced legal remedy for marital disputes.

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