RESTITUTION OF CONJUAL RIGHT


INTRODUCTION

conjugal rights mean or give the right to stay together . Hindu marriage Act, 1955 under section 9 it is mentioned that either the wife or the husband , without any reasonable excuses, withdraws from the society of the other , in that case the aggrieved party may approach the court for restitution of conjugal rights.


MEANING

Husband and wife both the parties to marriage are bound by the law to keep their married life together and they entitled by law to enjoy the rights and fulfill the basic obligation following their solemnization of marriage .

The exasperate spouse may obtain matrimonial relief which guaranteed under personal laws if either of the spouse deviate from the other for the reason that he or she can restore his/her status to other person shall subject to validation of certain facts.

If either of the spouses has withdrawn from the society without any excuse , then the exasperated group may request for the refund of marriage benefits. And if the court is fully satisfied by the reality made by either of the spouse (aggrieved) in such , the court request may the order.


WHAT ARE THE ESSENTIALS:

This decree is the remedy to avoid separation in the marriage and is also favorable solution for requiring the co-existence of the both the slides

Withdraw from society

The withdraw made shall not be without any rational excuse or litigation reason.

No legal grounds for denying relief should exist.

It is necessary that court must be satisfied by the statement made in the petition.


CONSTITUTIONAL OF RESTITUTION OF CONJUAL RIGHTS:

Issue of constitutional validity under section 9 was raised in T Sareeta v.Venkatasubbiah, and in this case Andhra Pradesh High court held that section 9 to be violative of the constitution but justice chaudhary held section 9 to be barbaric remedy and observed that section 9 is not based on conception of the general good and it does not serve any social good.

After the amendment of amending act 44 of 1964 both the parties either husband or wife is allowed to present petition on the ground given under section 13 (1-A)


ARTICLE 14 OF THE CONSTITUTION

Both the husband and wife have right to access a remedy for the restitution of conjugal rights. Restitution of conjugal right to equality, equality here means equality of thought, actions and self esteem .

The continuation of this remedy may leads to undesired pregnancies and argument on the feeling, dignity, respect and personal satisfaction of the women. In the man dominated society mostly the advantages of different laws are enjoyed by men because of the dependence and ignorance. In the majority of instances the wife is put in unfavorable conditions.


ARTICLE 21 OF THE CONSTITUTION:

Right to privacy article 21 (right to life and personal liberty) article 21 is umbrella legislation. Privacy is something that deals with individual privacy.

In Govind v. state of MP, in this case court said that right to privacy is a fundamental right to privacy is a fundamental right to privacy is a fundamental right but according to its American counterpart it was included in the liberty clause. Here justice Mathew observed that right to privacy must protect the personal intimacies of the family , husband and wife , procreation , and child rearing . in Kharak singh v. state of UP in this case justice subba Rao said that any definition of privacy must enclose and protect the personal intimacies of the family, husband and wife , procreation, and child rearing.


CONCLUSION

It serve to aid prevention of the breakup of marriage, thus is a means of saving the marriage. The decree of restitution of conjugal right or right to stay together is not obeyed for a period of more than one year, subsequent to the date of the decree, it becomes a good ground for divorce.





Credit: Shikha pandey

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