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SC tells Husband his Wife is free to stay apart from him on her Free Will

After hearing the woman and her free will to stay apart from her husband, the bench of Justices told Nayyar, "She is an adult and must be allowed to exercise her free will. If she does not want to go with her husband, then it becomes a marimonial case, which can be adjudicated by an appropriate court."

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SC on Husband Wife separation, divorce decision by SC, supreme court on divorce
SC on Husband Wife separation

The Supreme Court of India on Monday gave a judgement in a case in the favour of a married woman who refused to stay with her husband and expressed her will to stay with her parents. The woman also said that she is taking this decision under no pressure from her parents or anyone. The woman in the case is a 23-year old Hindu Jain girl from Raipur whereas the man who has initiated the prosecution is a 33-year old Muslim man who converted to Hinduism to marry the Hindu woman and adopted a Hindu name, Aryan Arya. They, reportedly, got married in February this year and the woman decided to stay with her parents post marriage.

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Arya took the case to the Supreme Court on August 17 where his advocate Nikhil Nayyar put forward Arya’s allegations on the woman. The court under Habeas Corpus, ordered the Dhamtari’s Superintendent of Police (SP) to produce the woman in the court on August 27. The woman appeared before the court on Monday. A bench of Justices including CJI (Chief Justice of India) Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud heard the case. The woman repeatedly told the bench of Justices that she had married to Arya but doesn’t want to live with him any more. Nayyar told the bench that the woman is saying this under her parental pressure and a Hindu group which is pressurizing the woman to break her connection with Arya but the girl brushed this aside. She refused to accept the allegations that anyone neither her parents nor anyone is behind her decision to stay apart from her husband.

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After hearing the woman and her free will to stay apart from her husband, the bench of Justices told Nayyar, “She is an adult and must be allowed to exercise her free will. If she does not want to go with her husband, then it becomes a matrimonial case, which can be adjudicated by an appropriate court.”

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