Supreme Court Dismisses PIL Challenging Divorce Provision Under Hindu Law

The Supreme Court on Monday dismissed a public interest litigation (PIL) filed by law student Jitender Singh, challenging the constitutional validity of Section 13(2)(iii) of the Hindu Marriage Act, 1955. The provision grants only the wife the right to seek divorce if cohabitation has not resumed for one year or more after a maintenance decree against the husband.

The Bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, questioned the petitioner on how he was personally affected by the provision, with the CJI asking if he thought he represented the entire male gender group.

The petitioner argued that the provision should be gender-neutral and equally available to men, but the Bench rejected the plea, stating that the legislature is competent to enact special provisions for women and children.

The court also noted that if the petitioner sought complete parity in such matters, he should have sought to amend the Constitution. The court will not take further action on the dismissed PIL, and the existing provision of the Hindu Marriage Act remains in effect.