View of the Supreme Court of India. File | Photo credit: The Hindu
The Supreme Court on Monday (May 11, 2026) declined to hear a plea challenging the constitutionality of a provision in the Hindu Marriage Act that grants only the wife the right to seek divorce if cohabitation has not resumed for a year or more after a maintenance order against the husband. “Do not settle personal vendettas through PILs (public interest litigations),” the Bench said.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi dismissed a plea filed by law student Jitender Singh, who appeared in person, seeking a “gender-neutral” interpretation of the divorce provisions of the Hindu Marriage Act.
Section 13(2)(iii) of the Hindu Marriage Act, 1955 confers only on the wife the right to seek divorce if cohabitation has not been resumed for a period of one year or more after the award of maintenance against the husband. During the hearing, the CJI asked the petitioner how he was personally affected by the provision. “How are you influenced? Do you think you are in charge of an all male group?” asked the CJI.
The petitioner responded that he had been involved in matrimonial litigation for the past seven to eight years and said the provision should be gender neutral and equally available to men. “You want to settle a personal vendetta through this PIL,” the Bench said. “That’s what I wanted you to confess. Why shouldn’t we impose exemplary costs on you?” asked the CJI.
Justice Bagchi said the legislature was competent to enact special provisions for women and children and empowered to do so under the constitution. “The state can also enact special laws for women and children,” Justice Bagchi said.
“I hope you are not studying law just to conduct maintenance proceedings,” the CJI said, refusing to entertain the PIL.
Justice Bagchi further noted that if the petitioner sought full parity in such matters, “you should get the constitution amended. This is a special law.”
Published – 11 May 2026 13:33 IST
