Orthodox concept of ‘Ardhangini’ wife has changed: Why Jharkhand High Court upheld dismissal of husband’s plea

It observed that as marriage partners no partner can claim a better or superior right over the other.

The bench noted that the restitution of conjugal rights does not mean that it is only the responsibility and duty of the wife who must silently follow the husband. It emphasised that it is the joint duty of both the husband and wife to find the suitable and proper path to carry their relationship.

“It is true that married life means joint living of the parties to the marriage for mutual conjugal happiness and sexual life. But where both the parties to the marriage employed in service or engaged in profession or vocation of their choice, the nature of their married life is and should be such as permitted by the nature of their employments or avocations,” the order read.

Background

• The husband had approached the family court alleging that his wife started living separately after a few days of marriage.
• It was submitted that his wife started living with her elder sister and family members after marriage as she was working as a teacher.
• It was alleged that his wife without informing the husband left his house taking all the ornaments and other things and started putting pressure upon the husband to live as “ghar jamai” to which he refused.
• He further submitted that his wife sought divorce following which he filed a suit for restitution of conjugal rights.
• The wife contested these allegations, asserting that she was subjected to harassment and dowry demands by the husband and his family.
• The family court dismissed the husband’s plea.

Findings

• The question herein is whether a husband has an absolute right to insist that the wife should leave her service and live with him as his dependent only to discharge her marital obligations towards him, their children and the members of the family of the husband.
• A same proposition can be posed for the wife as to whether she has a right to insist that the husband should enjoy so much of married life as would be permitted by the nature of employment of the wife in service at the place away from him.
• Such problems between the modern couples are on increase naturally because there are a large number of married partners who are educated and have a career of their own in service or profession and they want to continue with them during the whole period of their married life.
• The wife’s insistence to continue with her service and at the same time to adjust her marital life cannot be said to be wholly unreasonable.
• This is not a case where it can be said that the findings of the family court are based on no evidence rather the order of restitution of conjugal rights has been passed on due deliberation of the entire factual aspects