Supreme Court Transfers Conjugal Rights Case to Rajasthan, Citing Wife’s Lack of Income
Apex Court prioritizes convenience of financially dependent spouse in matrimonial disputes
Ruling reinforces gender-sensitive approach in transfer petitions under Hindu Marriage Act
By Our Legal Reporter
New Delhi: January 05, 2026:
In a significant ruling, the Supreme Court of India has transferred a husband’s petition for restitution of conjugal rights from another state to Rajasthan, citing the wife’s lack of independent income and financial hardship. The Court observed that in matrimonial disputes, the convenience of the wife, particularly when she is financially dependent, must be given priority.
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This judgment adds to a growing body of case law where the Supreme Court has adopted a gender-sensitive approach in transfer petitions, ensuring that women are not disadvantaged in litigation due to economic dependence.
Background of the Case
- The husband had filed a petition under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights.
- The wife, residing in Rajasthan, opposed the proceedings being conducted in another state, citing her lack of income and inability to travel.
- The Supreme Court, after hearing both sides, ordered the transfer of the case to Rajasthan.
What is Restitution of Conjugal Rights?
- Defined under Section 9 of the Hindu Marriage Act, 1955.
- It allows a spouse to seek a court order directing the other spouse to resume cohabitation if they have withdrawn from the marriage without reasonable cause.
- While controversial, the provision remains part of Indian matrimonial law.
Court’s Observations
- Financial Dependence of Wife
- The Court noted that the wife had no independent income.
- Forcing her to travel long distances for litigation would cause undue hardship.
- Convenience of the Weaker Spouse
- In matrimonial disputes, courts must prioritize the convenience of the financially weaker spouse.
- This principle has been consistently upheld in past rulings.
- Gender-Sensitive Approach
- The Court emphasized that women should not be denied access to justice due to economic dependence.
- Transfer petitions must be decided with compassion and fairness.
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Wider Legal Context
- Supreme Court precedents (e.g., Sumita Singh vs Kumar Sanjay, Rajani Kishor Pardeshi vs Kishor Babulal Pardeshi) have consistently held that the wife’s convenience must be prioritized in transfer petitions.
- Section 25 of the Code of Civil Procedure (CPC) empowers the Supreme Court to transfer cases between states.
- The ruling aligns with India’s commitment to gender justice and equality before law.
Why This Judgment Matters
- Protects women’s rights: Ensures financially dependent wives are not burdened with litigation costs.
- Clarifies transfer law: Reinforces that convenience of the wife is a key factor in transfer petitions.
- Encourages gender-sensitive justice: Courts must consider social realities in matrimonial disputes.
- Sets precedent: Strengthens jurisprudence on balancing fairness and access to justice.
Expert Views
Legal experts believe this ruling will:
- Reduce instances of women being forced to contest cases in distant states.
- Encourage courts to adopt a humanitarian approach in matrimonial disputes.
- Strengthen women’s confidence in approaching courts for relief.
Conclusion
The Supreme Court’s decision to transfer the restitution of conjugal rights case to Rajasthan is a milestone in gender-sensitive jurisprudence. By prioritizing the wife’s lack of income and financial hardship, the Court reaffirmed that justice must be accessible to all, especially the economically weaker spouse.
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This ruling strengthens the principle that law must balance fairness with compassion, ensuring that women are not disadvantaged in matrimonial disputes due to financial dependence.
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