SC gives contrasting judgments, delivers matrimonial justice

NEW DELHI: Adopting contrasting approaches to do complete justice in two matrimonial cases, Supreme Court on Tuesday told a woman seeking restitution of conjugal rights that courts cannot force a person to live with another, while in the other it ordered grant of alimony to a woman who had voluntarily deserted her husband.

In the first case, a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was told by the woman's counsel that the husband has deserted her and contracted second marriage during the subsistence of the first marriage and sought a direction for restitution of her conjugal rights in matrimony.

The bench said, "Courts cannot direct someone to live with another person. That order cannot be passed." However, it said that if the man has contracted a second marriage during the subsistence of the first one, then he would face prosecution and punishment if found guilty by a court.

The bench allowed the women's counsel to provide evidence to substantiate her allegation about her husband contracting a second marriage. It posted the matter for hearing in the third week of December.

In the other case, the woman had allegedly deserted her husband voluntarily. According to the evidence placed by the husband's counsel Suchit Mohanty, she first eloped with another man and later started residing at her parental home. Mohanty cited the daughter's evidence to make his case good.

However, the woman's counsel Suresh C Tripathy claimed a higher alimony while alleging that she was forced to leave the matrimonial home because of harassment and torture. Tripathy also said that his client's father is retired and most of his pension goes to meet healthcare expenses. Even though Mohanty said that the husband is ready to take his estranged wife back, the bench directed him to continue to pay Rs 7,000 per month as maintenance till the family court decides the plea for divorce.