SWARAJ GARG VS

K.M.GARG
FAMILY LAW PRESENTATION
BY- ABHISHEK CHOUBEY 17BAL067
AND SATYAM SHRESTH 17BAL106
QUESTION RAISED

• The main question raised was that if both husband and wife are working at different places before
marriage where will the matrimonial home be after marriage?
FACTS

• Swaraj and K M Garg were married on 12th of july 1964 in Sunam.

• The wife worked as a school teacher in Sunam district Sangrur and the husband used to live in Delhi
even before marriage.
• Husband had no permanent residence in delhi.
• After marriage they continued to live in their respective places.
• She visited his house two times for short duration of times and then returned.
FACTS

• Husband then filed an application for restitution of conjugal rights u/s 9 of H.M.A.
• He contended that the wife had left the society of husband
WIFE’S ARGUMENT

• The wife argued that it was the husband who treated her with cruelty.
• He wanted to get as much money as possible from her father as dowry.
• He had already taken money and jewellery from her father as dowry and taken them all in his own
possession.
• The petition filed by husband was dismissed by trial court.
JUDGEMENT

• The husband filed an appeal in high court.

• The court stated that matrimonial home to be decided mutually by common convenience and benefit of
parties.
• In this case there was no express and implied understanding between the parties about the matrimonial
home.
• Wife was working for 8 years and was earning good nobody could have expected her to resign and live
with her husband.
JUDGEMENT

• Mulla’s Hindu law stated that- 1) It was the duty of the wife to live with her husband.
2) It is the duty of the husband to maintain the wife.
• The court stated that these principles were based on dharma shashtra and customs which were good in
those times.
• The time has changed considerably and there can be no custom which obliges the wife to resign from
the job and live with her husband.
• The court stated that the question of leaving the society of the husband did not arise as there was no
prior arrangement between about the matrimonial home.
• The wife had reasonable excuse for not resigning from the job and not coming to Delhi.