April 9,2018:
SC Bench asked the man to “re-consider” his decision and desire to reside with his wife in view of the categorical statement by the woman’s counsel that she does not want to live with him.
Supreme Court has expounded that,"Wife is not a “chattel” or an “object” and she cannot be forced to reside with her husband even if the man desires to live with her".
SC Bench comprising of Justice Madan B Lokur and Justice Deepak Gupta hearing a matter in which a woman, who lodged a criminal case against her husband alleging cruelty, stated that she does not want to live with him while the man maintained that he wants to reside with her.
Apex Court stated that,“She is not a chattel. You (man) cannot force her. She does not want to live with you. How can you say that you will live with her”.
Supreme Court told Lawyer appearing on behalf of Husband that,“How can he (man) be so unreasonable? He is treating her as a chattel. She is not an object". Who then stated that he will try to persuade the husband in this regard.
Lawyer representing the wife submitted that,"Wife wants to get divorce on the ground of cruelty".
He further added that,“We are ready to withdraw the 498A (subjecting a married woman to cruelty) IPC case. We do not want any alimony also. She do not want to live with him”.
SC Bench had earlier referred the matter for mediation observing that both of them were educated and they would be inclined to settle their matrimonial dispute rather than going for litigation which may prolong their agony.
The matter has now been posted for August 8,2018.
Source PTI
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