Daily Archives: February 3, 2018

Don’t Leave Husband’s Company Without Our Permission, SC Bench Tells

Much was made of the recent decision of the SC ordering a wife to stay with the husband to see if they could reconcile. Patriarchy! Slavery! How dare they!

Want to know some details of the case that were not reported?

  1. The man had been seeking divorce from his wife for close to 2 decades. Both the FC and the HC had rejected his plea.
  2. The custody of their only son was with the wife (surprise!). That teenage boy killed himself last year.

  3. The two filed multiple cases against each other and then made the decision to try to live together after the boy killed himself. One of those cases was an FIR of abetment to suicide against the wife of the minor son.

  4. The man finally paid 22 lakhs to the wife and got divorce.

  5. So, let’s see: the woman gained a ton of money, the man gained the divorce he so craved, and many lawyers and cops surely made a lot of money. “Everything is still not lost” the Court had observed. True, other than the fact that a child had lost his life. Bah, who cares for collateral damage as long as there is a settlement, right?

This is how justice is served the Indian way after 2 decades.

Don’t Leave Husband’s Company Without Our Permission, SC Bench Tells A Wife [Read Order]

Respondent/Rajpal is directed to go with the petitioner/Harjinder Singh today from the court, the bench said.

A Supreme Court Bench of Justice Kurian Joseph and Justice Deepak Gupta, in an unusual order in a pending appeal, has directed a woman to live with her husband for a few weeks and not to leave him without getting permission from it.

The bench was considering an appeal filed by husband against the Punjab and Haryana High Court order that refused to grant him divorce.

After interacting with the parties, during the course of hearing, the bench said: “We find that everything is still not lost. The petitioner/Harjinder Singh has been very gracious and fair in his submissions. The respondent wife has not instituted any case except one case for maintenance.”

The bench then observed that the parties should be given a chance to live together for a few weeks, keeping the case pending before it.

The interesting part of the order is when the court directed as follows: “Respondent/Rajpal is directed to go with the petitioner/Harjinder Singh today from the Court. The respondent is directed to behave herself properly and look after the petitioner and his aged mother. Nobody from the family of the respondent shall interfere with their peaceful living. Without permission from the Court respondent/Rajpal shall not leave the company of the petitioner/Harjinder Singh.”

Harjinder Singh had sought divorce on grounds of cruelty and desertion. The family court had turned down his plea and his appeal before high court also did not bear any fruit. In its judgment refusing divorce, the high court had observed: “The institution of marriage in our society has been considered to be a scared sanskar and insistence is always required to be made for its continuance and not its dissolution unless no other option is left.”

 

http://www.livelaw.in/dont-leave-husbands-company-without-permission-sc-bench-tells-wife-read-order/

 

Order :

http://supremecourtofindia.nic.in/supremecourt/2013/11457/11457_2013_Order_17-Jan-2018.pdf

 

 

https://drive.google.com/file/d/1p8YaDpd-CM20O9b_BFChR6jwqdA1YPcb/view