Supreme Court of India · 2013-11-25
SARASWATHY vs BABU
- Citation / case number
- SC 2012/8453
- Court
- Supreme Court of India
- Petitioner
- SARASWATHY
- Respondent
- BABU
- Author
- SUDHANSU JYOTI MUKHOPADHAYA
- Bench
- V. GOPALA GOWDA SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court upheld the decision of the High Court affirming the order of the First Appellate Court regarding the restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. The Court emphasized that the appellant-wife had the right to reside in the shared household as per the Protection of Women from Domestic Violence Act, 2005, specifically Sections 19, 20, and 22. The Court dismissed the respondent-husband's appeal, reinforcing the legal principle that a wife has a right to maintenance and protection under domestic violence laws.