RAVINDER SINGH Vs. BALBIR KAUR

JUDGEMENT

(1.) NO body has given appearance on behalf of the respondent. No reply has been filed on behalf of the respondent.

(2.) I am disposing of this petition with the assistance rendered by the learned counsel for the petitioner.

(3.) BEFORE I part with this order, I have gone through the provisions of Section 198 Cr.P.C. minutely and even gone through the judgment of the Hon'ble Supreme Court. In the considered opinion of this court there is yawning gap as contained in the provisions of Section 198 Cr.P.C. This yawning gap can be only filled by the Legislature. When a woman goes for wedding knot she expects some love and affection including sexual pleasure at the hands of her husband. So far as sexual pleasure is concerned it is the absolute right of a legitimate wife to share bed with her husband and this love and affection cannot be shared by any person. The extract of pure Hindu Law also states that it is the absolute right of the woman to get the maximum love and affection including the sexual intercourse from her husband because woman offers herself before the husband not for the purpose of sexual intercourse, her purpose is two folds besides that she gets some enjoyment, she also submits herself with a purpose to achieve a family so that the generation of her husband may continue in future. In view of this court, it is the right of the wife alone to get all love and affection from her husband including sexual pleasure. That right cannot be and should not be shared by any person. Protection should be given to the aggrieved wife whose husband has become disloyal to her and started indulging in extra marital affairs. In view of this court the right should be conferred on the wife so as to move a legitimate complaint under section 497 or 498 I.P.C. against her husband who had betrayed and had withdrawn from her society and company by becoming disloyal to her. This type of yawning gap has become more necessary to fill up when humanity is thinking to give due rights to the women with the passage of time. Let a copy of this order be sent to the Law Ministry to ponder over this matter so as to make proper amendment in Section 198 Cr.P.C. A copy of the order be also sent to the National Commission for Women, New Delhi with a request to take up this matter with the law department so as to examine this aspect whether suitable amendment can be brought about in Section 198 Cr.P.C. Be that as it may be the present petition stands allowed and the complaint and the incidental proceedings stand quashed. Petition allowed.