Balveer Singh vs Harjeet Kaur || (2004) 6 SCC 669 || Restitution of conjugal rights

 Balveer Singh vs Harjeet Kaur (2004)

• Citation: (2004) 6 SCC 669

• Relevant Articles:

  1. Section 9 of the Hindu Marriage Act, 1955: Restitution of conjugal rights.

     
     

     

     
     

• Facts:

  Balveer Singh filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, arguing that his wife, Harjeet Kaur, had left him without any reasonable cause and refused to cohabit with him. Balveer stated that he had made all efforts to bring his wife back, but she had declined every attempt. Harjeet claimed that she was subjected to abuse and could not continue living with him.

• Issues:

  Whether the wife’s refusal to live with the husband without any justifiable cause can be grounds for restitution of conjugal rights.

  Whether cruelty in the marriage constitutes a valid defense against restitution of conjugal rights.

• Judgment:

  
  

  The Court ruled in favor of Balveer Singh, directing Harjeet Kaur to cohabit with him. The Court found that Harjeet’s refusal to live with her husband was without a justifiable cause. However, the Court also acknowledged that if cruelty had been proven, it could be used as a defense against restitution of conjugal rights.