Which of the following is not a valid defence available to wife in a suit for restitution of conjugal rights ?
MH SET - 2020, SET Exam - 2020,
Answer: D
The option that is not a valid defence is that the husband is living with his parents.
A wife can resist a suit for restitution of conjugal rights by showing a reasonable excuse for living apart: cruelty making it unsafe to live with the husband, his gross neglect of marital obligations, or a defect in the marriage itself, such as its being irregular or void. These are recognised defences.
The mere fact that the husband lives in a joint family with his parents is not a reasonable excuse; courts have held that a wife's insistence on a separate home, without more, does not justify withdrawing from his society.
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