Man's Challenge to Hindu Marriage Act Divorce Provision Dismissed

The Supreme Court on Monday dismissed a public interest litigation (PIL) that sought gender parity in a specific provision of the Hindu Marriage Act, 1955. The petition challenged Section 13(2)(iii), which currently allows only wives to seek divorce on the ground of non-resumption of cohabitation after a maintenance decree against the husband. The petitioner, appearing in person, argued that this right should be available to both men and women, calling for a relook at the provision.

The Bench, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, questioned the petitioner's standing and the basis of the challenge. The CJI asked if the petitioner was a "self-proclaimed leader of male rights." The petitioner revealed he was a "personal sufferer" facing a matrimonial dispute. The CJI then cautioned against using the Supreme Court's writ jurisdiction under Article 32 to settle personal vendettas. Justice Bagchi noted that the provision is protected under Article 15(3) of the Constitution, which permits special laws for women.

The Court expressed sympathy for the petitioner's grievances but emphasized that this was not the appropriate forum. The CJI advised the petitioner, a law student, to wait for the right opportunity. The Bench ultimately dismissed the PIL, stating it does not send a good message for law students to use PILs for personal disputes. The case was JITENDER SINGH Vs UNION OF INDIA (W.P.(C) No. 460/2026).