SWARAJ GARG V K.M. GARG

FACTS OF THE CASE-

• The petitioner, i.e., Swaraj Garg wife of KM Garg, was living in her village, Sunam from 1956 and was a schoolteacher.
• The petitioner married to Respondent in the year 1964 and she became the headteacher in 1969 at government high school.
• The husband was having a job of earning Rs. 500 p.m. Only in Delhi and lives over there.
• Petitioner often comes to live with her husband in Delhi and after some time move back to his village and living there for future.[2]

ISSUES OF THE CASE-

Which will be the matrimonial home of the parties after the marriage if they are working at different places for their earnings?

CONTENTION OF THE PARTIES

Petitioner: The petitioner argued the respondent is not maintaining his wife and also mentions the cruel behaviour of the respondent.

Respondent: The respondent contended the petitioner moved to her village giving no reason, thus he wanted the decree of Restitution of Conjugal Rights.[3]

JUDGEMENT-

After hearing both parties, the court comes to this that in absence of any custom or codified law provisions in Hindu Law and considering brutality by spouse against his wife and superior monetary position of spouse, the declare of compensation of matrimonial rights cannot be granted.

Hence, the judgment was given within the petitioner’s favour, and the conduct of the spouse was the startling one against his spouse to connect him. Hence, the spouse was fizzled to demonstrate the ground of compensation of marital rights.[4]

CONCLUSION-

In Swaraj Garg vs. K.M Garg, the court held that if a husband and wife are gainfully employed and the wife is earning more than the husband, then there are sufficient reasons for the wife to live separately. So, in this case, the court didn’t grant the petition for restitution of conjugal rights in favour of the husband. The court also said that there is nothing in Hindu Law saying that the wife has no right in choosing the place of a matrimonial home.[5]

[1] Swaraj Garg v K.M. Garg AIR 1978 Del 296

[2] https://lawplanet.in/

[3] https://lawplanet.in/

[4] https://lawplanet.in/

[5] https://blog.ipleaders.in/

This case analysis is written by Ananaya Shee of Narsee Monjee Institute of Management Studies, Bangalore, intern at Legal Vidhiya.

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