Legal showdown: Indian man seeks restitution from ‘weekend wife’

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AHMEDABAD, India, Dec 17: A professional woman has approached the Gujarat High Court, questioning whether her practice of visiting her husband on two weekends per month fulfills her conjugal obligations. The woman initiated the legal action earlier this month in response to her husband’s lawsuit filed in a Surat family court last year, invoking Section 9 of the Hindu Marriage Act to seek directions for her daily presence in their shared residence.

The husband contended before the family court that his wife, post the birth of their son, opted to reside with her parents under the pretext of her job, failing to fulfill her conjugal duties. He expressed dissatisfaction with her visiting only during the second and fourth weekends, spending the remainder of the month at her paternal house. Furthermore, he raised concerns about her prioritizing work over their son’s health and accused her of depriving him of conjugal rights.

In response, the wife applied to the family court under Rule 7 Order 11 of the Civil Procedure Code, urging the court to dismiss the husband’s suit as non-maintainable. She argued that she regularly visits the matrimonial home twice a month, challenging the husband’s claim of abandonment.

The family court, on September 25, rejected the wife’s objection, stating that the claims necessitated a full-fledged trial and couldn’t be determined at the pre-trial stage.

Presenting the case before the Gujarat High Court, the woman’s lawyer emphasized Section 9 of the Hindu Marriage Act, asserting that the wife fulfills her conjugal obligation by visiting every second weekend. Justice V D Nanavati questioned the husband’s right to sue, emphasizing that the matter requires further consideration. The judge instructed the husband to respond by January 25.

This news has been read 1218 times!