Wife not husband’s chattel, can't be forced to live with him,the Supreme Court says in its observation.

 The wife cannot be forced to stay with him, not the husband’s chattel, the Supreme Court says in its observation.

                                   

In a case filed by a family court in Gorakhpur,Suprime Court said that,Is a wife a chattel that she can be directed to go with you

  The controversy started with a case filed by a family court in Gorakhpur.  The April 2019 Ordinance aimed at restoring the right to marriage passed on behalf of this person under Section 9 of the Hindu Marriage Act (HMA).

  "What do you think? Is there a woman who can pass such an order? Is there a woman who can instruct her to go with you?"  SC questioned the bench.

 

  The Supreme Court observed on Tuesday that a man had sought an order from the court to allow his wife to start living with him, the Supreme Court observed on Tuesday, not a female chattelle.  Chattel means slave or property.

  "What do you think? Is there a woman who can pass such an order? Is there a woman who can instruct her to go with you?"  Asked the bench.Is a wife a chattel that she can be directed to go with you?” asked an SC bench of justices Sanjay Kishan Kaul and Hemant Gupta while hearing the man’s petition.

   The main point of contention is the April 2019 order regarding the restoration of the right of marriage in the case of this person under Section 9 of the Hindu Marriage Act (HMA) adopted by a family court in Gorakhpur.  After the marriage in 2013 over the dowry issue, the woman said her husband had abused her, forcing her to move out.  In 2015, after she filed a case for maintenance, a court in Gorakhpur had to pay her husband ₹ 20,000 per month.  The husband then applied to the family court to restore the right to marry.

 Once the Gorakhpur Family Court issued her rehabilitation order, the woman's husband went to court, agreeing to stay with her, raising the question of paying maintenance.  She raises a question about her maintenance responsibilities even after receiving an order to restore her marital rights.  He then appealed to the Supreme Court which was rejected by the Allahabad High Court.

  In her defense, the woman, her lawyer Anupam Mishra, said that to avoid maintaining the whole "game" of the husband and she mentioned.

 During the hearing on Tuesday, the woman's husband's lawyer said the apex court should persuade the woman to return to her husband, especially since the family court ruled in favor of the man.  The order is pending in the Allahabad High Court opposing the appeal.

  The endless demand for the implementation of the man's wife's return prompted the bench: “Is a woman a chatteller?  Is the wife chattle?  You are asking us to pass an order for this so that he can be sent to a place where he does not want to go like Chatel.  “The court rejected the husband’s application for exercising the right of marriage and reminded him that the Allahabad High Court dismissed his application against the order to grant maintenance and raised his appeal before the apex court.