Today, On 11th May, The Supreme Court refused to hear a plea challenging Hindu Marriage Act rule letting only the wife seek divorce after a year of no cohabitation. The CJI asked, “Do you think you head the entire male gender group?”
The Supreme Court declined to hear a plea challenging the constitutional validity of a provision in the Hindu Marriage Act that allows only the wife to seek divorce if the spouses have not resumed cohabitation for a period of one year or more after a maintenance decree against the husband.
The bench observed that such cases should not be pursued through public interest litigation for personal disputes.
A bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi dismissed a petition filed by law student Jitender Singh, who appeared in person and asked the court to adopt a gender-neutral interpretation of the divorce provisions under the Hindu Marriage Act.
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Under Section 13(2)(iii) of the Hindu Marriage Act, 1955, divorce can be sought only by the wife in situations where cohabitation has not resumed for at least one year after the husband is ordered to pay maintenance.
During the hearing, the Chief Justice questioned the petitioner about how he was personally affected by the provision.
The CJI asked,
”How are you affected? Do you think you head the entire male gender group?”
In response, Singh said he had been involved in matrimonial litigation for the past seven to eight years, and argued that the provision should be applied in a gender-neutral manner and be equally available to men.
The bench said,
”You want to settle personal vendetta through this PIL,”
The CJI asked,
”This is what I wanted you to confess. Why should we not impose exemplary costs on you?”
Justice Bagchi stated that the legislature is within its competence to make special provisions for women and children, and is empowered to do so under the Constitution.
Justice Bagchi said,
”The State can also enact special laws for women and children,”
While refusing to entertain the PIL, the CJI said,
”I hope you are not studying law only to conduct maintenance proceedings,”
Justice Bagchi also remarked that if the petitioner sought full parity on such issues,
”You should have the Constitution amended. This is a special law.”
The Hindu Marriage Act, 1955 is a key law in India that governs marriage among Hindus. It applies to Hindus, Buddhists, Jains, and Sikhs.
The Act was enacted in 1955 to modernize and codify Hindu personal laws related to marriage. Before this, marriage customs varied widely across regions and communities.