Table of Contents
In which it was held that section 9 of Hindu Marriage Act 1955 is constitutional?
Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as unconstitutional for being violative of the right to privacy and human dignity guaranteed under Article 21 of the Constitution of India. Forcing a spouse to have sexual relations with her spouse deprives her of the right to control her own body.
Is RCR constitutionally valid?
This is how the law stands today: RCR continues to remain constitutionally valid. First, since marital rape is not an offence in India, if the husband, upon securing a decree of RCR against the wife, forces her to have intercourse against her will, she is left helpless and without any legal remedy.
Does restitution of conjugal rights is violative of right to life?
Restitution of conjugal rights violates the right to equality and right to life. The remedy for the Restitution of Conjugal Rights violates the very nature of a person by dictating his choice as to who to live with.
What is Section 9 A?
Section 9 of the Hindu Marriage Act encompasses the provision for the restitution of conjugal rights, according to which, if either of the spouses withdraws themselves from the society of the other, without reasonable excuse, the other party which is aggrieved has a legal right of filing a petition demanding for the …
What is Section 9 of the Hindu Marriage Act?
Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …
Can court force wife to stay with husband in India?
Wife not husband’s chattel, can’t be forced to live with him, says Supreme Court. At the core of the dispute is an April 2019 order on restitution of conjugal rights, passed in favour of the man under Section 9 of the Hindu Marriage Act (HMA) passed by a family court at Gorakhpur.
What happens if wife wins RCR?
If you win RCR, and she does not join you even thereafter, you will be entitled to file for divorce after a year. This is the only benefit which will accrue to you. 2. An adverse order against her will not curtail or abrogate her right to file for divorce.
Can husband file restitution of conjugal rights?
A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court.
What is section 9 of the divorce Act?
Description: When any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its own …
What is Section 27 of Hindu marriage Act?
Section 27 in The Hindu Marriage Act, 1955. 27 Disposal of property. —In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.
Is the Section 9 of the Hindu Marriage Act unconstitutional?
So “to declare s. 9 unconstitutional without having regard to s. 13 (1-A) is to take too narrow a view”. The constitutionality of s. 9 was upheld by the Delhi High Court. A decree for restitution of conjugal rights was granted when the wife was unable to show any good cause for withdrawing her conjugal society from the husband.
When to seek restitution of conjugal rights?
Restitution of Conjugal rights: An analysis of section 9 of The Hindu Marriage Act, 1955 1 If the respondent has ground to seek any marriage relief 2 If the petitioner is guilty of misconduct 3 This makes it difficult for couples to live together because of such actions or omissions.
How is the constitutionality of s.9 upheld?
The constitutionality of s. 9 was upheld by the Delhi High Court. A decree for restitution of conjugal rights was granted when the wife was unable to show any good cause for withdrawing her conjugal society from the husband. In this state of case law, the Supreme Court resolved the conflict in Saroj Rani v.
What is the purpose of Section 9 HMA?
Section 9 HMA enables a spouse to file a petition for obtaining a decree of restitution of conjugal rights against the other spouse who has left his society without any reasonable cause. It is a positive remedy and a marriage-saving clause.