An Indian Civilizational Perspective

Another case on marriages in Indian court..

There was a case decided by Supreme Court recently on another area of marriage – how refusal of physical relationship by one spouse is tantamount to mental cruelty and so can be a just ground for divorce.

Here is another case that was decided about the relationship between one spouse and his/her extra marital affair and conduct.

A woman cannot be compelled to live with her husband against her wish if she chooses to stay with her lover, the Rajasthan High Court has implied in a verdict, which has triggered intense debate.

"We see no reasons why she should be compelled to live with her husband," a bench comprising Justices Gyan Sudha Misra and K C Sharma ruled on a habeas corpus petition filed by a husband alleging that his wife had been abducted by another man.

However, during the hearing it became evident that the wife had wilfully left the matrimonial home to live with her lover.

Taking her statement on record, the court said a case of habeas corpus of illegal detention could not be made out.

"This is certainly not a case for issuance of a writ of habeas corpus since the basic ingredient of illegal detention of the detenue (wife) is missing in the petition," the bench said.

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