SC Bins PIL Challenging Hindu Law Granting Women Right To Seek Divorce Over Non-cohabitation

New Delhi: The Supreme Court on Monday refused to entertain a plea challenging the constitutional validity of a provision of the Hindu Marriage Act that gives only the wife the right to seek divorce if cohabitation does not continue for a year or more after a maintenance decree against the husband.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi rejected the plea filed by law student Jitender Singh, who appeared in person and sought a “gender-neutral” interpretation of divorce provisions under the Hindu Marriage Act.

Section 13(2)(iii) of the Hindu Marriage Act, 1955 provides only the wife with the right to seek divorce if cohabitation does not continue for a year or more after a maintenance order against the husband.

During the hearing, the CJI questioned the petitioner on how he was personally affected by the verdict.

“How are you impressed? Do you think you are the leader of the entire male gender group?” the CJI asked.

Stating that she has been involved in matrimonial cases for the last seven to eight years, the petitioner said the provision should be gender-neutral and equally accessible to men.

“You want to resolve personal vendetta through this PIL,” the bench said.

“That’s what I wanted you to admit. Why shouldn’t we impose exemplary costs on you?” the CJI asked.

Justice Bagchi said the legislature has the power to make special provisions for women and children and has the power to do so under the Constitution.

“The state can also make special laws for women and children,” Justice Bagchi said.

“I hope you are not studying law just to conduct maintenance proceedings,” the CJI said while refusing to entertain the PIL.

Justice Bagchi also said that if the petitioner seeks complete equality in such matters, “You must ensure that the Constitution is amended. It is a special law.”