Wife is not a chattel, man cannot force her: SC
A wife is not a "chattel" or an "object" and she cannot be forced to reside with her husband, the Supreme Court said. It was hearing a matter in which a woman, who lodged a criminal case against her husband alleging cruelty, said she does not want to live with her husband while the man maintained that he wants to reside with her.
Woman filed complaint against husband's cruelty
"She (wife) 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?" a bench comprising justices Madan Lokur and Deepak Gupta asked the man.
Bench asked man to re-consider decision of residing with wife
SC asked the man to "reconsider" his decision and desire to reside with his wife in view of the categorical statement by the woman's counsel that she doesn't want to live with him. "How can he be so unreasonable? He is treating her as a chattel," the bench told the lawyer appearing for the man and posted the matter for hearing on August 8.
Woman wants divorce on ground of husband's cruelty
The man's counsel told the court he would try to persuade him in this regard. Meanwhile, the woman's lawyer told the bench she wants to get a divorce on the ground of cruelty. "We are ready to withdraw the 498A (subjecting married woman to cruelty) IPC case. We don't want any alimony also. She does not want to live with him," her counsel said.
Court earlier referred matter for mediation proceedings
The court 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.
Issue was not resolved in mediation procedure
The Supreme Court had told both the man and the woman to fully cooperate with the mediation proceedings keeping their interest in mind and the fact that it might not be advisable for them to litigate for an indefinite period. However, the man and woman's lawyers told the apex court that the issue was not resolved in mediation proceedings.
