Constitutional Validity Of Restitution Of Conjugal Rights
Marriage imposes an obligation on both the spouse to cohabit with each other. The necessary implication of marriage is that the parties to a marriage must live together. But the question arises as to whether a person can be compelled by law to live with his/her spouse?
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Section 9 of the Hindu marriage act, 1955, provisions for restitution of conjugal rights. It means restoring the marital rights of a spouse. Every spouse is entitled to have the physical and mental company of the other. Therefore if one spouse leaves, the other spouse can approach the court seeking a decree of restitution of conjugal rights
A question arose before the high court of Andhra Pradesh in the case of Sarita V Venkat Subaiah. Whether Section 9 violates the privacy under article 21 of the constitution of India the court held that section 9 of the Hindu Marriage Act,1955 is constitutionally void because it deprives a person of his/her right to choose whether or not he/she should live with the other person. But in Saroj Rani V Sudarshan Kumar Chedda, the Supreme court overruled the judgment of the Andhra Pradesh High court and held that se.9 is not violative and that decree of restitution of conjugal rights serves a social and noble purpose, which is to prevent the breaking of marriage.
Whether restitution of conjugal right works as a bridge for two spouses or it is the result of the conservative nature of Indian society, to protect the union of marriage and sanctity of a woman depends upon the cases to cases. If restitution of Conjugal Rights is passed by the court in favor of the petitioner and still the parties do not come together and continue cohabitation for a period of one year or more after such a decree, either party can obtain a divorce on this ground itself under section 13 of the Hindu marriage act, 1955. The court cannot force the other party to live with the aggrieved party.
In case of any doubts in matter pertaining to Family Matters in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
