A woman from Ahmedabad has filed a petition in the Gujarat high court, challenging the family court’s order to pay Rs 5,000 per month as maintenance to her husband. She has claimed that she visits her husband twice a month and fulfils her conjugal duty, and hence, he is not entitled to any maintenance.
What is the background of the case?
The woman, who is a teacher, got married to the man, who is a clerk, in 2014. They lived together for a few months, but soon, differences arose between them. The woman alleged that her husband was abusive, alcoholic, and irresponsible. She also accused him of having an extramarital affair. She left his house and started living with her parents.
The man filed a petition for restitution of conjugal rights in the family court, seeking the return of his wife to his matrimonial home. He also sought maintenance from her, claiming that he was unable to maintain himself due to his low income and poor health. He alleged that his wife was earning more than him and had deserted him without any valid reason.
The family court granted the petition for restitution of conjugal rights and ordered the woman to pay Rs 5,000 per month as maintenance to her husband. The court observed that the woman had failed to prove her allegations against her husband and that she had withdrawn from his society without any reasonable excuse. The court also noted that the woman had admitted that she visited her husband twice a month and performed her conjugal duty.
What is the woman’s argument in the high court?
The woman has challenged the family court’s order in the high court, contending that it is unjust and unfair. She has argued that she visits her husband twice a month and fulfils her conjugal duty, which is sufficient to satisfy his needs and expectations. She has also submitted that she pays for his medical expenses and other necessities. She has claimed that her husband is not entitled to any maintenance from her, as he is capable of earning and maintaining himself.
She has further contended that the family court has ignored the evidence of her husband’s cruelty, adultery, and alcoholism. She has asserted that she has a right to live separately from her husband, as he has treated her with physical and mental violence. She has also stated that the family court has erred in granting the petition for restitution of conjugal rights, as it is against her dignity and autonomy.
What is the legal position on conjugal duty and maintenance?
Conjugal duty is a religious and legal obligation of the spouses to live together and have sexual intercourse on a regular basis. It is also a right of the spouses to the companionship and affection of each other. If either spouse withdraws from the society of the other, without any reasonable cause, the aggrieved spouse can seek restitution of conjugal rights from the court. The court can order the defaulting spouse to resume cohabitation and perform conjugal duty.
Maintenance is financial support that one spouse pays to the other, who is unable to maintain himself or herself. The court can order maintenance on various grounds, such as desertion, cruelty, adultery, or mutual consent. The amount of maintenance depends on various factors, such as the income, assets, needs, and liabilities of the parties. The court can also modify or cancel the maintenance order if there is any change in the circumstances of the parties.
The law does not prescribe any fixed frequency or duration of conjugal duty or visits between the spouses. It depends on the facts and circumstances of each case, the mutual understanding and agreement of the parties, and the discretion of the court. The court has to balance the rights and interests of both the spouses and ensure that justice is done to them.
