Man Can't Force Wife to Cohabit, Establish Conjugal Rights Even By Court Order, Says Gujarat High Court

NEW DELHI: In a landmark judgement upholding women's rights, the Gujarat High Court ruled that a man cannot force his wife to cohabit and establish conjugal rights.

The high court also said that if the wife refuses to cohabit, the man cannot force her to do so, even if a court order is obtained.

The remark was made at a court hearing for a couple from Banaskantha. The pair married in 2015 and welcomed a child. After leaving her husband's house, the woman worked as a nurse and moved in with her parents. 

According to the woman's complaint, her husband had harassed her and her in-laws had forced her to fly to Australia and then contact her husband there.

The woman's husband went to a family court in Palanpur to seek restoration of conjugal rights after the couple had a fight. In response to the case, the court ordered his wife to live with him.

Following that, the lady took her case to the Gujarat High Court, which reversed the family court's ruling. "A marriage between Muslims is a civil contract, and a litigation seeking recovery of conjugal rights is nothing more than an enforcement of the right to consortium under this contract," Justices JB Pardiwala and Nirala Mehta said in a statement. 

The court declared in its conclusion that "no one may compel a female or his wife to cohabit and establish conjugal rights," citing order XXI Rule 32(1) of the Civil Procedure Code. A court ruling cannot compel the wife to cohabit if she refuses." 

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