'Ardhangini' wife ideal outdated: Jharkhand HC rejects husband's plea
What's the story
The Jharkhand High Court has upheld a family court's decision to dismiss a husband's plea for restitution of conjugal rights. The court, comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai, observed that the traditional view of a Hindu wife as "dharmpatni, ardhangini, bharya, or anugamini" is outdated. "This orthodox concept of wife and expectations from her to subject herself to husband's wishes has undergone a revolutionary change with education and high literacy in women," the court said.
Equality emphasized
No partner can claim superior rights: Court
The court also stressed that no partner in a marriage can claim superior rights over the other. It said that both husband and wife share the responsibility of finding a suitable path for their relationship. "Married life means joint living of the parties to the marriage for mutual conjugal happiness and sexual life," it added.
Case details
Family court's ruling in the case
The husband's plea was dismissed by the family court after his wife contended that she was being harassed and subjected to dowry demands. The husband had alleged that his wife left him to live with her elder sister's family after marriage and demanded that he become a "ghar jamai (a son-in-law who stays with his wife's family)." He filed for restitution of conjugal rights after she sought divorce.
Ruling impact
Court's observation on modern marriages
However, the wife contested these allegations, asserting that she was subjected to harassment and dowry demands by the husband and his family. The court's ruling highlights the changing dynamics of modern marriages, where both partners are often educated and have their own careers. It noted that such issues are common as married partners want to continue their careers during marriage. The court concluded that the wife's decision to continue her job while adjusting her marital life was not unreasonable.