Restitution of Conjugal Rights 2022
“A Horse can be brought to the water pond but cannot be compelled to drink”
In our Indian society marriage and family plays vital role. In our country marriage is a sacramental institution. Families are the outcome of marriage thus it can also be said that family is a seed of marriage. At present, we are living in the era of fast generation where the life is too fast. Technology takes place of many relations.
The effect of these things is lack of harmony between couples. From last many years we can see the matrimonial disputes are on rising rate. So, it is very important to analyses this topic. Our website i.e. www.QueryAsk.com is trying to convey wonderful thoughts regarding every researchable topic.
Section 9 of Hindu Law (Restitution of Conjugal Rights)
Restitution of Conjugal Rights is the matrimonial remedy which is provided under section 9 of the Hindu Marriage Act, 1955. Under this section it is provided that “when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights”. The court on being truth may decree restitution of conjugal rights accordingly.
Essentials of Section 9
- Husband or wife should not stay together
- Spouse must withdrawal from each other’s society without any reasonable ground
- The aggrieved party must apply for RCR.
Constitutional Validity of Section 9
Our Constitution part III provides Fundamental rights to every citizen of India. Right to freedom and right to privacy is also fallen in the list of fundamental rights. So, every person has right to move anywhere and have full freedom to live with anyone. On first instance it assumes that section 9 of Hindu marriage act violates the provisions of Part III but in case of Harvinder Kaur V. Harminder Singh the Supreme Court made it clear that Section 9 of Hindu marriage Act, 1955 is completely valid. This section is not violating the fundamental rights of the Constitution given under Article 14 and Article 19.