Can the court force the husband or wife to live together even if they do not want to?

  • Divya Arya
  • BBC correspondent

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If there is no physical relationship between husband and wife or they do not live together, then should this problem be resolved between them or through the courts? Is court intervention a violation of your privacy? And do existing legal provisions on this issue put women at risk of domestic violence and marital rape?

Two students from Gujarat National Law University have filed a petition with the Supreme Court to raise these issues, on which the court has notified the central government and asked for its opinion.

According to section nine of the “Hindu Marriage Act of 1955” and section 22 of the “Special Marriage Act of 1954”, a man or woman may go to court to obtain the order of his or her wife or husband to forcing her to continue the marriage relationship.

Students have now claimed in the petition that, “The legal provisions restoring marital relations are unconstitutional and should be repealed.”

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