The High Court overturned the decision of the Family Court, saying – the wife cannot be forced to live with her husband.
Ahmedabad | Gujarat High Court News : Reversing a family court’s decision, the Gujarat High Court has observed that a wife cannot be compelled to live with her husband by any reason. The court said that even after a judicial order, a woman cannot be compelled to live with her husband and establish conjugal rights. Along with this, the High Court also said that the first wife can refuse to live with her husband on the ground that Muslim law allows polygamy, but it has never been encouraged.
The court said that polygamy should not be encouraged.
Gujarat High Court News : Referring to Muslim law, the High Court said that Muslim law in India has treated polygamy as a compulsively tolerable institution. The court said that it cannot be encouraged. The husband has not been given any fundamental right to compel the wife to have another woman as his consortium under all circumstances.
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The order of the Family Court was challenged
Gujarat High Court News : The petition of a woman challenging the July 2021 order of a family court in Banaskantha district of Gujarat was accepted. The family court had directed the woman to go back to her in-laws’ house and discharge her matrimonial obligations. The couple’s ‘Nikah’ took place on 25 May 2010 in Palanpur, Banaskantha and they had a son in July 2015. After the dispute, the woman wanted to live separately but the family court did not allow it. After which the court made the said observation.
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