Woman Is Not Property, Cannot Be Forced to Live with Husband: Supreme Court
The Supreme Court of India recently stated that a woman is not a chattel or property that can be forced to live with her husband.
This important observation came during a hearing of a case filed by a man who asked the court to order his wife to live with him again.
The bench, consisting of Justices Sanjay Kishan Kaul and Hemant Gupta, asked the petitioner, “Is a woman a chattel that the court can order her to live with you? Can a wife be treated like property?”
The husband, from Gorakhpur, had filed the petition seeking to restore his conjugal rights based on a Family Court’s earlier order.
The couple married in 2013, but the wife left her husband’s home after she faced harassment and torture at her in-laws’ house. In 2015, she went to the Gorakhpur Family Court asking for monthly maintenance of Rs 20,000.
At the same time, the husband also filed a plea to restore his conjugal rights. Both requests were accepted by the Family Court.
However, the husband argued that he should not have to pay maintenance because his wife was refusing to live with him.
This argument was rejected by the Allahabad High Court, and the husband took the matter to the Supreme Court.
On Tuesday, the Supreme Court refused the husband’s plea. The court said that the husband was asking it to treat the wife like property by forcing her to live somewhere she does not want to go.
The bench reminded the husband that his appeal was against the Allahabad High Court’s order to pay maintenance and refused to enforce conjugal rights.
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