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november 2013

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.

SARASWATHY vs BABU · Niyam