Wife Is Not Slave Or Property Of Husband, Cannot Be Forced To Live With Him: Supreme Court

Supreme Court of India
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New Delhi, 3 March 2021: The Supreme Court on Tuesday, during the hearing of a case, said that the wife is not a slave or property of her husband, who can be asked to forcibly live with her husband. The court made this statement during the hearing of a case where the husband pleaded with the court to order his wife to stay with him.

During the hearing, the Supreme Court justices Sanjay Kishan and Hemant Gupta said, ‘What do you think? Is your wife a slave or property whom we can order to go with you?”

In 2015, the woman filed a petition in the Gorakhpur court, demanding alimony from her husband. The court ordered the husband to pay Rs 20 thousand to the wife every month. After this, the husband filed a petition in the court for the restoration of conjugal rights.

Following the Family Court of Gorakhpur’s order, the husband moved to the High Court and questioned the petition’s maintenance and allowance and asked why it is needed when he is willing to live with his wife. The Allahabad High Court dismissed the petition, after which the man approached the Supreme Court.

In her defence, the woman argued that her husband’s entire game is to avoid paying alimony. The woman’s lawyer also told the court that the husband also went to the family court only when he got the order to give alimony to the wife.

The Supreme Court gave this comment on the husband’s demand to order the wife to stay with him and rejected the petition of the husband in which he sought to restore his marital rights.

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