Ahmedabad, December 17: In a recent legal battle that has captured attention, a working woman finds herself at the centre of a dispute over conjugal obligations. The Gujarat High Court is now tasked with unraveling the complexities of marital rights and responsibilities.

The saga began when the woman’s husband filed a case in a family court in Surat invoking Section 9 of the Hindu Marriage Act. His plea? To seek restitution of conjugal rights by compelling his wife to live with him on a daily basis. The husband argued that her absence from their shared home constituted a breach of their marital duties, TOI reported. Child Sexual Abuse Case Under POCSO Act Can Be Quashed To Preserve Happy Married Life of Accused and Victim, Says Himachal Pradesh High Court.

The wife, however, had a different perspective. She maintained that she was fulfilling her obligations adequately by visiting her husband twice a week. Her work commitments necessitated her living with her parents, and she believed this arrangement was reasonable and fair. HC on Suicide After Breakup: Girlfriend Cannot Be Held Responsible If Lover Ends Life Due to Love Failure, Says Chhattisgarh High Court.

Upon receiving the family court notice, the wife promptly filed an objection under Rule 7 Order 11 of the Code of Civil Procedure. Her argument was clear: her husband’s claim of neglect was unfounded, and she continued to discharge her marital duties diligently. But the family court rejected her petition, asserting that a decision could not be rendered during the pre-trial phase.

Undeterred, the wife escalated the matter to the Gujarat High Court. Here, she invoked Section 9 of the Hindu Marriage Act, which allows intervention in marital responsibilities only after formal separation. The court now grapples with the fundamental question: Does the husband have the right to demand his wife’s daily presence?

During the proceedings, Justice VD Nanavati posed a thought-provoking query: “What is wrong if the husband asks his wife to come and stay with him? Does he not have the right to sue?” The judge’s words underscored the delicate balance between individual rights and marital expectations.

The court has set a deadline for the husband to respond—January 25 looms as the pivotal date.

(The above story first appeared on LatestLY on Dec 17, 2023 05:14 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).