SUPREME COURT CONJUGAL RIGHTS: POLITY
NEWS: Wife can get maintenance even if she defies
court order to go back to husband: what SC has ruled and why
WHAT’S IN THE NEWS?
The Supreme Court of India has clarified that proceedings
related to restitution of conjugal rights (Section 9, Hindu Marriage Act) and
maintenance (Section 125, CrPC) are independent. A spouse is entitled to
maintenance even if they refuse to comply with a court decree for restitution
of conjugal rights, ensuring financial security for the dependent spouse.
Conjugal Rights: Definition and Legal Basis
- Definition:
Conjugal rights are the legal entitlements of married couples to cohabit
and enjoy companionship. They stem from the marital bond and aim to
preserve the institution of marriage.
- Legal
Provisions Across Laws:
- Hindu
Marriage Act, 1955: Section 9 permits a
spouse to approach the court for restitution if the other spouse
withdraws without valid reason.
- Muslim
Personal Law: Recognizes the concept and allows similar
petitions.
- Christian
Divorce Act, 1869: Includes provisions
for restoring conjugal rights.
- Criminal
Provisions: Section 125 of the Code of Criminal Procedure
(CrPC) mandates maintenance for a spouse unable to sustain themselves,
regardless of conjugal cohabitation.
Restitution of Conjugal Rights
- Purpose: Aims
to prevent marital breakdown by providing a legal remedy to an aggrieved
spouse through court intervention.
- Nature:
Encourages reconciliation and resumption of cohabitation.
- Procedure:
Requires the petitioner to prove unjustified withdrawal by the other
spouse.
Judicial Interpretations: Balancing Rights and
Limitations
- T.
Sareetha v. T. Venkata Subbaiah (1983):
- The
Andhra Pradesh High Court struck down Section 9 of the Hindu Marriage
Act, terming it unconstitutional.
- Reasoning:
It violated individual freedoms, particularly the right to privacy and
bodily autonomy.
- Saroj
Rani v. Sudarshan Kumar Chadha (1984):
- The
Supreme Court overturned the earlier decision, upholding Section 9.
- Justification:
The provision was deemed essential for promoting marital reconciliation
and preventing discord.
Maintenance: Independent of Restitution of
Conjugal Rights
- Section
125, CrPC: A spouse unable to support themselves can seek
maintenance irrespective of their decision to cohabit.
- Supreme
Court Ruling:
- Maintenance
rights are not conditional upon fulfilling restitution decrees.
- This
ensures financial security and addresses dependency concerns, especially
in cases of estranged relationships.
Criticism and Challenges
- Violation
of Privacy and Autonomy: Compelling cohabitation
may infringe upon individual rights to privacy and autonomy.
- Risk of
Coercion: The provision can be misused to pressure estranged
spouses, particularly women, into returning to potentially abusive
environments.
- Patriarchal
Roots: Critics argue it reflects outdated norms treating
women as subordinate to their spouses.
Relevance in Modern Context
- Evolving
Marital Dynamics: Emphasis on individual freedoms and consent in
marital relationships has sparked debates over restitution provisions.
- Balancing
Tradition and Rights: Legal systems must
ensure fairness without compromising personal freedoms.
Source: https://indianexpress.com/article/explained/explained-law/wife-maintenance-court-order-9780480/#:~:text=The%20Supreme%20Court%20has%20ruled,decree%20for%20the%20restitution%20of