Supreme Court Ruling on Restitution of Conjugal Rights and Maintenance
The Supreme Court has ruled that proceedings on the restitution of conjugal rights and maintenance are independent, and a husband must continue to pay maintenance to his wife even if she refuses a decree for restitution of conjugal rights. This ensures a wife is entitled to financial support despite separation due to such decrees.
Law on Restitution of Conjugal Rights
- Section 9 of the Hindu Marriage Act, 1955: Allows a spouse to petition for restitution if the other withdraws from their society without a reasonable excuse.
- The law aims to maintain the traditional family unit, but it has been contentious, with the Andhra Pradesh High Court questioning its relevance in 1983.
- A constitutional challenge remains pending since 2019, questioning the provision's modern-day validity.
Case Background
- The wife left the matrimonial home in 2015, with the husband filing for restitution in 2018.
- In 2019, the wife sought maintenance under Section 125 of the CrPC, citing neglect.
- The family court ruled for restitution in 2022, but the wife did not comply, leading to a maintenance order of Rs 10,000 per month.
- This order was quashed by the Jharkhand High Court in 2023, which was later challenged in the Supreme Court.
Supreme Court's Decision
- The SC overturned the HC's decision, emphasizing independent consideration of maintenance and conjugal rights cases.
- Past rulings demonstrate a tendency to favor maintenance, even with non-compliance of restitution decrees.
- Each case must consider individual circumstances to determine the wife's entitlement to maintenance.
Legal Debate on Conjugal Rights
- The 1983 AP High Court ruling viewed Section 9 as coercive, but the SC upheld its social purpose in 1984.
- The provision faces criticism for perpetuating gender stereotypes and violating privacy.
- The Centre argues the law is gender-neutral and provides a non-coercive remedy for marital disputes.
Substantive hearings on the constitutionality of Section 9 are pending, highlighting ongoing legal debates and societal implications.
