The wife is not an asset, she cannot be coerced: Supreme Court

New Delhi: The Supreme Court has ruled that a wife is not an asset or a commodity. The Supreme Court has also said that a husband cannot put pressure on his wife to stay with him even if she does not want to stay with him. The apex court recorded the observation while hearing a petition filed by a person on Tuesday. The petitioning husband demanded that my wife stay with me again and that we live together again.
Petitioner to the Supreme Court in this regard. Sanjay Kishan Kaul and Justice. A two-judge bench headed by Hemant Gupta passed the order. Do you think wife is an object? That we will give her such an order. What property does the wife have. How can we order her to go with you ?, the court asked the petitioner.
On April 1, 2019, a family court in Gorakhpur passed an order under Section 9 of the Hindu Marriage Act (HMA) on the basis of the issue of rights conferred on a man's party by the Constitution. According to the information given by the wife in the family court, the husband had been harassing me for dowry since he got married in 2013. That's why I had to stay away from them, ”the woman told the court. The woman applied to the court in 2015 for alimony. Accordingly, the Gorakhpur court ordered the woman's husband to pay Rs 20,000 per month as alimony. The husband then filed a petition in the family court seeking protection of his fundamental rights.
The family court in Gorakhpur upheld his order for the second time. The husband then ran to the Allahabad High Court. The Allahabad High Court dismissed the petition, saying the decision of the family court was correct. The husband then filed a petition directly in the Supreme Court. The woman, while presenting her case, claimed that all her husband's efforts were on to ensure that alimony was not paid as per the information given to the court through her lawyer Anupam Mishra. During a hearing in the Supreme Court on Tuesday, the husband's lawyer argued that the Supreme Court should order the woman to return with her husband.
The court dismissed the issue of protection of constitutional rights in the husband's petition. The apex court also said that the petition was filed after the Allahabad court issued an alimony order. How can you be so irresponsible? He is treating the woman as if he were an asset. The court ruled in her husband's favor, saying she was not the object. The court said the woman could not be forced to live with her husband by force. The bench also said that there was no question of giving an order in this regard.