BENGALURU: Muslim women are entitled to approach the courts for restitution of conjugal rights, the High Court has ruled.
‘Conjugal rights’ refer to rights and privileges arising out of marriage such as living together and having sex.
Justice H G Ramesh at the Dharward bench of the High Court delivered the judgment after dismissing a petition filed by a man challenging the verdict of a family court in Hukkeri. The family court had allowed his wife’s petition seeking restoration of her marital rights.
The wife had in 2009 approached a civil court after her husband deserted her. The court allowed the petition. Thereafter, the husband moved High Court.
The husband had contended Mohammedan Law does not confer any right on a Muslim wife to seek restitution of conjugal rights.
The court ruled that his contention was not supported by any law, and hence, was unacceptable.
The court observed, “Marriage, undoubtedly, confers conjugal rights on both husband and wife. Hence, both are entitled for restitution of conjugal rights.”
However, it said the right to restitution was not absolute but subject to conditions.
“Under Mohammedan Law, there is no prohibition for a Muslim wife to seek restitution of conjugal rights in court. A Muslim wife, like a Muslim husband, is entitled to take legal recourse for restitution of conjugal rights if her husband lives away from her without a lawful excuse,” the court said.
Court Seeks Answers from SWR
The High Court has asked South Western Railway (SWR) to inform the court when it will be able to complete work on the railway line between Rayadurga and Tumakuru.
A division bench of Chief Justice D H Waghela and Justice Ram Mohan Reddy was hearing a public interest petition filed by the Bellary District Railway Users Committee seeking expedition of the railway line construction between the two stations.
The petitioners contended that though the project had been approved in 2011, progress was very slow. If completed, the distance between Ballari and Bengaluru will be reduced by 110 km, they said.