Family Law II - 24th May 2021

Family Law II - 24th May 2021
Consortium, Cohabitation/matrimonial home:
Consortium means corresponding duty of each spouse to cohabit with other &
marriage implies this right.
In early wife was required to co-habit with her husband in matrimonial home
provided by him however in modern times consortium, cohabitation &
matrimonial home have undergone a change.
It is based on English law and it is still applicable in our Indian courts.
At common law and Hindu law Consortium means living together as husband
and wife with all incidents that flow from marital status and spousal
relationship.
Place Vs. Place 1972

Where it was held that spousal rights and obligation are reciprocal. In other
words husband is entitle to consort with his wife and wife with her husband.
In one of the land mark case Kailashwati Vs. Ayodhya Prakash AIR 1977
where full bench of Punjab of Haryana High Court held that consortium imply
sharing of common matrimonial home and common domestic life and at one
time it was insisted upon that the matrimonial home is one which is established
by husband and wife must live in it.
It also resembles ownership for husband and wife who enjoys bundle of rights
but some are hardly capable of precise definition.
Ramprakash Vs. Savitridevi AIR 1958 Punjab where court observed that
according to Hindu law marriage is a holy union for the performance of
religious duties. The Relationship between husband and wife imposes upon
each of them certain marital duties and gives each of them certain legal marital
rights.
The court further observed that it is a duty of the wife to live with her husband
wherever he may choose to reside and to fulfil her duties in her husband’s
home.
Wordings given by Manu:

In a patriarchal society wife’s obligation to live under the roof of protection of
the husband has always been recognized.
Further Manu also added that wife should obey her lord, so long as he lived and
remain faithful to his memory even after his death.
In Kailashwati Vs. Ayodhya Prakash 1977 where Justice Sandhawalia

observed that idea of matrimonial home appears to be at the very center of the
concept of marriage in all civilized societies.
Bundle of indefinable rights and duties which bind husband and wife can
perhaps be best understood only in the context of their living together in the
marital home. Therefore the significance of conjugal home in the marriage tie
is indeed so pattern that it would perhaps be wasteful to elaborate the same at
any length. Therefore conjugal home and marital status are almost used as
interchangeable terms.
Matrimonial home where the place where party live. Cohabitation is the sum
total of the conjugal relationship, some total of husband and wife togetherness,
some total of two in one relationship, which the marriage is.
It is submitted that cohabitation should be understood not merely in context of

matrimonial home, but in context of totality of husband and wife relationship.
Cohabitation implies state of affairs where very different from that of near
residence.
It means that wife is acting as a wife and has kept her status and position as
a wife.
Husband and wife cohabit by living together as husband and wife, wife doing
house wifely duties.
Evans Vs. Evans 1947
Bradshaw Vs. Bradshaw 1897

Where the wife was domestic servant. She never lived with her husband under
the same roof though she was visited from time to time by him at the house of
her mistress. In this house of her mistress this lady was employed. Husband
got involved with the master. The wife gave birth to a child. Subsequently
husband refuse to receive the wife in the house and even refuse to maintain her.
In this case, wife applied for a maintenance under Married Women’s act 1895.
It was held that to have maintenance. There has to be a cohabitation between
the spouse which broke down by the act of the husband.
Here the definition of cohabitation is widened.
Sexual intercourse
In Matrimonial Law, it is well established proposition that each spouse owes to

other a duty to consummate the marriage.
Where there is incapacity to consummate the marriage under Hindu Marriage

Act it becomes voidable and in Muslim Law it is void. So consummation of
marriage is one of the criteria’s of your successful marriage.
Under the Indian personal laws in capacity to consummate the marriage entitles
the other party to decree of nullity of marriage.
Jyotish Chandra Vs. Meera 1970

Shrikant Vs. Anuradha 1980
Where it was held that persistent refusal to have marital intercourse amounts to
cruelty.
Sheldon Vs. Sheldon

Where for 6 years, husband refuse to have sexual intercourse with the wife
without any cause.
(Commitment towards marriage is not fulfil)

Family Law II - 24th May 2021

Uploaded by

Copyright:

Available Formats

Family Law II - 24th May 2021

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Family Law II - 24th May 2021

Uploaded by

Copyright:

Available Formats

Family Law II - 24th May 2021

Consortium, Cohabitation/matrimonial home:

It is based on English law and it is still applicable in our Indian courts.

Place Vs. Place 1972

Wordings given by Manu:

In Kailashwati Vs. Ayodhya Prakash 1977 where Justice Sandhawalia

It is submitted that cohabitation should be understood not merely in context of

Evans Vs. Evans 1947

Bradshaw Vs. Bradshaw 1897

Here the definition of cohabitation is widened.

In Matrimonial Law, it is well established proposition that each spouse owes to

Where there is incapacity to consummate the marriage under Hindu Marriage

Jyotish Chandra Vs. Meera 1970

Sheldon Vs. Sheldon

You might also like