“ After
the International Year of Woman when all the important countries of the world
are trying to give the fair sex their rightful place in society and are working
for the complete emancipation of women by breaking the old shackles and bondage
in which they were involved, it is difficult to accept a contention that the
salutary provision of the code are merely meant to provide a wife merely with
food, clothing and lodging as if she is only a chattel and has to depend on the
sweet will and mercy of the husband. The same reasoning was adopted in an
earlier decision of the Madras High Court in
Jaggavarapu Basawamma V/s. Jaggavarapu Seeta Reddi, AIR 1922 Madras 209. Here also, the Judge was of the
opinion that food and clothing was sufficient for the maintenance of the wife
and if the husband refused to inhabit that would not provide any cause of
action to the wife to claim separate residence and maintenance.The matter
deserves serious attention from the point of view of the wife. Here is a wife
who is forced or compelled to live a life of celibacy while staying with her
such a life is one of perpetual torture which is not only mentally
psychologically injurious but detrimental to the health of the woman. Surely,
the concept of mental cruelty can not be different in a civil case and in a
criminal case when the attributes of such a crime are the same.” (Hon''ble
Justice S. Murtaza Fazal Ali and A.P.Sen of Supreme Court in Sirajmohmed khan
Janmohamad khan V/s. Hafizunnisa
Yasinkhan, AIR 1981 Supreme Court 1972 at page 1976-1977) It seems that in such matter (of sex) the judicial response can not be silent-may be on surface it is favoring women but ultimately benefitting the male brothers !
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