Chaini Parwani
Published On: December 30, 2021 at 09:23 IST
The Gujarat High Court observed that a woman cannot be forced to Cohabit and establish conjugal rights by her Estranged Husband, nor by a Court Decree.
The Gujarat High Court was addressing a case of a minority community couple from Banaskantha District living separately for about four years.
Previously, the husband submitted a lawsuit in a Family Court for restitution of conjugal rights.
Further the wife challenged the Family Court Order that directed the wife to live with him and appeared before the High Court.
A Bench comprising Justice JB Pardiwala and Niral Mehta while overruling Family Court’s Order addressed the Case.
The High Court cited Order XXI Rule 32(1) of the Civil Procedure Code and stated the purpose behind the provision of law is that “no person can force a female or his wife to cohabit and establish conjugal rights. If the wife refuses to cohabit, in such a case, she cannot be forced by a decree in a suit to establish conjugal rights”.
The Couple was married and had a son. The woman is a Government nurse and had left her matrimonial home with her minor son and went to live with her parents.
The woman alleged that her husband and in-laws had harassed her to migrate to Australia since her siblings have settled in Australia.
