Supreme Court Upholds Women's Divorce Rights Under Hindu Marriage Act
Supreme Court dismisses PIL challenging women’s right to divorce over non-cohabitation under Hindu law
The Hindu
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On May 11, 2026, the Supreme Court of India dismissed a public interest litigation challenging the gender-specific divorce provision in the Hindu Marriage Act, which allows only wives to seek divorce after a year of non-cohabitation post-maintenance decree. The court emphasized the legitimacy of special provisions for women and children.
- 01The Supreme Court dismissed a plea challenging women's exclusive right to divorce under the Hindu Marriage Act.
- 02The provision allows wives to seek divorce if cohabitation has not resumed for over a year after a maintenance decree.
- 03Chief Justice Surya Kant questioned the petitioner's motives, suggesting personal vendetta.
- 04The court reaffirmed the legislative power to create special provisions for women and children.
- 05The petitioner was advised to seek constitutional amendments for broader changes.
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On May 11, 2026, the Supreme Court of India rejected a public interest litigation filed by law student Jitender Singh, which aimed to challenge the constitutionality of a provision in the Hindu Marriage Act. This provision allows only wives to file for divorce if they have not cohabited with their husbands for one year following a maintenance decree. Chief Justice Surya Kant, along with Justice Joymalya Bagchi, expressed skepticism about the petitioner's motives, suggesting he was attempting to address personal grievances rather than genuine legal concerns. The court underscored the authority of the legislature to enact specific laws for the protection of women and children, reinforcing that such provisions are constitutionally valid. The petitioner was advised that if he desired gender-neutral divorce laws, he should pursue amendments to the Constitution rather than using public interest litigation for personal agendas.
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This ruling reinforces the existing legal framework that supports women's rights in marriage and divorce, potentially affecting future matrimonial disputes.
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