Can Courts force Wife to stays with her Husband

If any partner leaves the other Partner without giving any reasonable grounds the Hindu Marriage Act provides a remedy under section 9 for restitution of conjugal rights. This applies when one partner withdraws from the society of the other partner, an aggrieved party can apply for restitution of conjugal rights. Partners who cannot stay together because of irreconcilable differences shall file mutual divorce through family lawyers.

Can Courts Compel Spouse For Restitution (RCR):

Yes, the courts can compel spouses for restitution of conjugal rights in the event, the court is satisfied that the case is of total abandonment without any reasonable grounds. Additionally, if the court is convinced that petitioner has filed the complaint on legal and genuine grounds then the court can order RCR.

However, courts do not go to the extent of ordering RCR if the couple has approached the court for nullity of marriage or decree of judicial separation.

In Harvinder Kaur V. Harminder Singh Choudhary,  it was stated by Justice A Rohtagi’s bench that Section 9 of HMA offends Article 14 & 21, hence declaring it null.  RCR acts as litmus paper and acts as a model for reconciliation between a couple. 

Similarly, T. Sarita Venkata V. State  it was declared that section 9 is unconstitutional because the law snatches the right to privacy for wives by forcing them to live with their husbands against their wishes

Muslim Law:

The High Court questioned whether it will be righteous to allow suit in favour of husband even when he married second wife while the first wife was away simply on the ground that the husband was Muslim an under his personal law he can have 4 wives.

However, the wife has the right to decline to live with her husband on the ground that Muslim law permits polygamy but has never encouraged it.

Women not a Chattel:

Women is not a slave and cannot be forced to stay with the husband and cannot be treated as a piece of property.

Various courts have observed that husbands are entitled to pay the maintenance to the wife when the wife is not ready to live with him even if the husband has filed RCR against the wife because courts are of the view RCR is the husband’s game to avoid paying maintenance to the wives.

Exceptions:  

The petitioner or Complainant shall provide the solid, legal and genuine evidence to prove that the spouse left for no reason and without any valid ground more likely to be selfish grounds. Sometimes Parties manipulate the issues to such an extent that because of parents, children suffer and the court is unable to decide the custody for the child in such situations and that can only be solved by the intelligence of child custody lawyers.

Decisive Point:

Overall, RCR cannot be forced by the court, instead, they can be modified and passed by making essential amendments. After all, in landmark judgement the court has stated that conjugal rights violate Articles 14 and 21. Additionally, it comes to the conclusion that only if the case of abandonment holds up can conjugal rights be enforced. If not, the couple is given a mutual divorce decree. After all, you cannot make someone stay with someone they don’t want to.

However, the court can try to reconcile the parties by giving them a year to decide the same. Finally, enforcing conjugal rights for a husband to stay with his wife is only considered valid if they provide solid proof to prove the same.

Lead India has on board several divorce lawyers who can help you in a detailed manner with your case by deeply studying your case.