Introduction

• The case is related to the concept of restitution of conjugal right under Hindu Marriage Act, 1955 (HMA).

Facts

• The wife, Swaraj, was working as a teacher and headmistress at a government school in Sunam since 1956.
• The parties got married on 12^th July 1964 at Sunam.
• The husband was abroad for some years and did not have a satisfactory job in India initially.
• After marriage, the wife continued living in Sunam, while the husband lived in Delhi.
• The husband filed a petition for restitution of conjugal rights against the wife, accusing her of withdrawing from his society without reasonable excuse.
• The wife appealed against this, stating that the husband mistreated her and demanded dowry and money from her and her parents.

Issues Involved

• Where should the matrimonial home be located when both spouses are employed at different places before marriage?
• Does the wife have an obligation to resign her job and join the husband at his place of work/residence after marriage?
• Did the wife have a reasonable excuse for not living with the husband in Delhi

Observation

• In the absence of a pre-marital agreement, the choice of the matrimonial home should be based on common convenience and benefit of both parties, considering their respective employment and financial circumstances.
• There is no absolute rule or custom that requires the wife to resign her job and live with the husband at his place, especially when the wife has a better job and financial position than the husband.
• The wife had a reasonable excuse for not resigning her job and joining the husband in Delhi due to the husband's financial difficulties, the wife's comfortable position, and the discouraging conduct of the husband towards the wife.
• The husband failed to prove the grounds for awarding him restitution of conjugal rights.

Conclusion

• The appeal was allowed, and the trial court's decision dismissing the husband's petition was restored.