Restitution of conjugal rights, procedure and constitutionality. Section 9 of the hindu marriage act, 1955 1 states, when either the husband or the wife has without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court for restitution of conjugal rights and the court. The constitutional validity of the provision for restitution of conjugal rights has time and again been questioned and challenged. Conjugal rights under hindu marriage act, 1955 our legal. Constitutional validity of section 9 was also denied as it failed the traditional classification test and the test of minimum rationality required of any state law. Today in this article, we are providing the details about the restitution of conjugal right which is related to the hindu marriage act. There has been a lot controversy regarding the constitutional validity of section 9 of the act.
Ii1998dmc454 think that it is unnecessary to go to other details in this caseas we observe that since one of the parties to the marriage is not hindu, theprovisions in hindu marriage act cannot be invoked and no relief of conjugal rights. It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. If two hindus wish to wed in india, they must do so pursuant to the hindu marriage act. Prior to the enactment of the hindu succession amendment act, 2005 four states had amended the hindu succession act and had introduced unmarried daughters as coparceners. Here we have also given some reference books and related books pdf. Please click on the below links for more information. Air1981ap362 as a suit provided that a specific provision is made in that behalf in the statute e. The question of constitutional validity of section 9 of hindu marriage act, 1955, for the first time arose in this case. Hindu marriage act 1955 section 28 appeals from decrees. Constitutional validity and ethicalness of restitution of. The grounds inter alia include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, virulent and incurable form. The dissolution of a hindu marriage by divorce 377. In any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition. An act to amend and codify the law relating to marriage among hindus.
Section 9 of the hindu marriage act, 1955 family law. Remedy of resitution of conjugal rights section 9, hindu marriage act 1955whether violates human dignity, right to privacy and personal liberty and whether valid and constitutional. Apr 27, 20 sudharshan gave a judgment which was in line with the delhi high court views and upheld the constitutional validity of the section 9 of the hindu marriage act, 1955 and overruled the decision given in t. Sc notice to centre in challenge to restitution of conjugal.
India today referred a challenge to the constitutional validity of the provisions relating to restitution of conjugal rights to a larger bench. Additionally, the enforcement of restitution of conjugal rights as provided for under order xxi rule 32 and 33 of the code of. Virtual legal assistant, query alert service and an adfree experience. Explanation of the conditions of hindu marriage under hindu marriage act, 1955 are listed below. It was the contention of sareetha that the subcourt, cuddapah had no jurisdiction over the matter, as the marriage took place at tirrupathi and the couple last resided together at madras. Constitutional validity of section 9 it is to be noted that there arises a contention that restitution of conjugal rights clearly violates right to privacy of the wife. It is significant to note that in 19831984, the constitutional validity of section 9 of hindu marriage act 1955 became a subject matter of debate as a result of these case laws the constitutional validity of the provision for restitution of conjugal challenged before the andhra pradesh high court in sareetha v. Remedy of resitution of conjugal rightssection 9, hindu marriage act 1955whether violates human dignity, right to privacy and personal liberty and whether valid and constitutional. Section 38 of the special marriage act, 1954 deals with custody of children court marriage or couple from different faith section 41 of the divorce act, 1869 deals with custody of children for couple following christian faith. The court opined that we are unable to accept the position that section 9 of the hindu marriage act is violative of art.
Marriage laws amendment bill2010 is constitutionally valid and it is in the true spirit of constitution of india and satisfies the ground of reasonableness. It was held that the remedy of restitution of conjugal rights is violation of articles 14, 19 and 21 of the constitution of india. A void marriage as par hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act. Constitutional validity of the section 9 of the hindu marriage act, 1995. One such anomaly is the remedy of restitution of conjugal rights, as over the years the original intent of this remedy has faded away and is now a tool for abuse and exploitation. The section 9 of the hma reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may. Supreme court seeks response from government on section 9.
Constitutional validity of the section 9 of the hindu marriage act, 1995 article shared by by marriage the husband becomes entitled to the conjugal society of his wife and the wife to the conjugal society of her husband. Air 1954 sc 0321, the constitutional validity of section 497 was challenged before apex court under article 14 of constitution of india on the grounds that it makes an arbitrary discrimination based on sex. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or. Explanation of the conditions of hindu marriage under hindu. People who are searching for hindu marriage act 1955 book pdf can find here. Mar 01, 2017 the wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr.
Section 9 of hindu marriage act 1955 is meant to protect marriages from breaking on flimsy grounds this section seeks to safeguard conjugal rights as it will globe icon an icon of the world globe. Constitutional validity of section 497 in yusuf abdul aziz vs the state of bombay and husseinbhoy laljee, 1954 scr 0930. Article 21, conjugal rights, constitutional validity of section 9 of hindu marriage act, execution of decree of restitution of conjugal rights, harvinder kaur v. Hindu marriage act section 9 judgments legalcrystal. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. Hindu marriage act,1955 and special marriage act, 1954. Sudarshan kumar chadha that upheld section 9 of the hindu marriage act, which provides for restitution of. Restitution of conjugal rights legal services india. Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights. Jun 07, 2017 determination of husband entitlement to divorce when petitioning of restitution of conjugal rights was filed by the wife. Saroj rani vs sudarshan kumar chadha on 8 august, 1984.
Although the supreme court is its judgement of kharak singh vs. Download beautiful, colourful hindu marriage act pdf. By 1976 amendment, explanation was added and sec 92 was deleted. Constitutionality of remedy of restitution of conjugal rights provided under sec 9 of the act. Hindus under section 9 of the hindu marriage act, 1955, muslims under general law, christians under section 32 and 33 of the indian divorce act, 1869, parsis under section 36 of the parsi marriage and divorce act, 1936 persons married according to the provisions of the special marriage act, section 22 of the special marriage act, 1954. State of up 9 has held right to privacy is an essential ingredient of personal liberty. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and. Section 9 is about the restitution of conjugal rights in the hindu marriage act. Hindu marriage act section 9 explained in this article. Understanding the hindu marriage act helpful for u. Home hindu law hindu marriage act, 1955 section 9 hindu marriage act, 1955.
The fundamental discussion of the research is to discern whether or not restitution as a remedy, is ethical and whether or not this practice is constitutionally valid. Marriage act, 1954 and the hindu marriage act, 1955, there were heated debates in the parliament for and against it. When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made. Compelling wife to cohabit with husband violates fundamental. Sec 9 of the act deals with restitution of conjugal rights. Hindu marriage act, 1955 bare acts law library advocatekhoj. Constitutionality of restitution of conjugal rights lawlex. Since a spouse is not barred by sec 23a from claiming relief under sec 1a, the decree was passed. A manual of hindu law on the basis of sir thomas strange. Short title and extent 1 this act may be called the hindu marriage act. Constitutional validity and ethicalness of restitution.
Sudharshan gave a judgment which was in line with the delhi high court views and upheld the constitutional validity of the section 9 of the hindu marriage act, 1955 and overruled the decision given in t. The petitioners have prayed that section 9 of the hindu marriage act and section 22 of the special marriage act be struck down. Pdf the dissolution of a hindu marriage by divorce. Constitutional validity of the section 9 of the hindu. Short title and extent 1 this act may be called the hindu marriage act, 1955. Restitution of conjugal right indian national bar association. The wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr. Two gnlu students challenge the constitutional validity of. Mar 16, 2019 the petitioners have prayed that section 9 of the hindu marriage act and section 22 of the special marriage act be struck down. Hindu law valid, void and voidable marriages under hindu. If your spouse has left you without giving any reasonable ground, the hindu marriage act 1955 gives you remedy in the form of section 9 under the restitution of conjugal rights. Three other important acts were also enacted as part of the hindu code bills during this time.
The above contradictions about the constitutional validity of sec 9 were set at rest. Marriage, sacrament, hindu marriage act, 1955, restitution of conjugal right, constitutional validity. This remedy of restitution of conjugal rights has been laid down under section 9 of hindu marriage act, 1955. At present, various grounds for dissolution of marriage by a decree of divorce are laid down in section of the hindu marriage act, 1955. The desirability and constitutional vires of this provision as noted above, has been a subject of debate ever since the decision of the andhra pradesh high court in t. Section 9 of hindu marriage act, 1955 hma provides for restitution of conjugal rights rcr. Jun 16, 2018 hindu law in particular regards marriage as a sacramentindissoluble and eternal. Mar 05, 2019 the petitioners have sought for section 9 of the hindu marriage act and section 22 of the special marriage act to be struck down.
Conjigal rights is available under section 9 of the hindu marriage act, 1955. It is significant to note that in 19831984, the constitutional validity of section 9 of hindu marriage act 1955 became a subject matter of debate as a result of these case laws. Venkata subbaiah filed for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 hereinafter the act at the subcourt, cuddapah. Dec 07, 2014 also under section 1a of the hindu marriage act, if the spouse fails to return to his home after such a decree, it can amount to a condition of divorce. In introduction to 59th law commission of india report, former chief justice of india mr. Restitution of conjugal rights under the hindu marriage act. I 177 and if a female, has not completed eighteen years of age. Earlier weve provided the details of the hindu marriage act 1955 introduction, definition, purpose, applicability. Restitution of conjugal rights in hindu marriage act. Harmander singh, hindu marriage act, landmark judgment of. Constitutional validity of marriage laws amendment bill2010. Conjugal rights under hindu marriage act, 1955 our legal world. Vijay sardana marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. The petitioners have sought for section 9 of the hindu marriage act and section 22 of the special marriage act to be struck down.
This has birthed several anomalies in the system of hindu personal laws. Thus the appellant approached the family court by filing petition no. Conjugal rights under section 9 of hindu marriage act, 1955 our legal world, t sareetha vengata, sudharshan kumar v. In the view i have taken of the constitutional validity of section 9 of the hindu marriage act, i declare that section 9 is null and void. Jan 03, 2018 restitution of conjugal rights is a barbarous and savage remedy, violating the right to privacy and human dignity guaranteed by article 21. It serves as a social purpose as an aid to the prevention of breakdown of marriage. Sudharshan, air 1984 sc 1562 case gave a judgment which was in line with the delhi high court views and upheld the constitutional validity of section 9 of the hindu marriage act, 1955 and overruled the decision given in t. In this case sareetha claimed that section 9 of the act is liable to be struck down as violative of the fundamental rights in part iii of the constitution of. Explanation of the conditions of hindu marriage under. The hindu marriage act is an act of the parliament of india enacted in 1955. Family laws hindu law, muslim laws, special marriage act. Remedy of resitution of conjugal rightssection 9, hindu marriage act 1955 whether. Sec 9 of the act deals with restitution of conjugal.
Section 9 of the hindu marriage act 1955 and the conjugal. Sc notice to centre in challenge to restitution of. Restitution of conjugal rights under hindu law free. Hindu law valid, void and voidable marriages under hindu marriage act, 1955. Additionally, the enforcement of restitution of conjugal rights as provided for under order xxi rule 32 and 33 of the code of civil procedure is also sought to be struck down. Constitutional validity and ethicalness of restitution of conjugal rights in. Restitution of conjugal rights a comparative study among. Section 26 of hindu marriage act, 1955 deals with custody of children. Home india news supreme court seeks response from government on section 9 of hindu marriage act. The marriage laws amendment bill, 2010 is an attempt to amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. It is significant to note that in 19831984, the constitutional validity of section 9 of hindu marriage act 1955 became a subject matter of debate. November 30, 2014 if your spouse has left you without giving any reasonable ground, the hindu marriage act 1955 gives you remedy in the form of section 9 under the restitution of conjugal rights. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus.
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