Remedy of resitution of conjugal rightssection 9, hindu marriage act 1955whether. Constitutional validity and ethicalness of restitution. Sc to hear plea challenging the constitutional validity of hindu marriage act. The hindu marriage act is an act of the parliament of india enacted in 1955. 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. Section 9 of hindu marriage act, 1955 hma provides for restitution of conjugal rights rcr. Hindu marriage act,1955 and special marriage act, 1954. Restitution of conjugal rights under the hindu marriage act. Determination of husband entitlement to divorce when petitioning of restitution of conjugal rights was filed by the wife.
Apr 11, 2018 the bench was hearing a petition challenging the constitutional validity of sections 5ii and 7 of the hindu marriage act, 1955, in as much as the same are in violation of articles 14 and 21 of. 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. The court opined that we are unable to accept the position that section 9 of the hindu marriage act is. Short title and extent 1 this act may be called the hindu marriage act, 1955. Three other important acts were also enacted as part of the hindu code bills during this time. Saroj rani versus sudershan kumarconstitutional validity. Remedy of resitution of conjugal rightssection 9, hindu marriage act 1955 whether.
The above contradictions about the constitutional validity of sec 9 were set at rest. State of up 9 has held right to privacy is an essential ingredient of personal liberty. Introduction marriage is a socially and ritually recognised institution, traditionally between a man and a woman. Ceremonies for a hindu marriage 1 a hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. The court thereby struck down section 9 of the hindu marriage act, declaring it to be violative of article 14 and article 21 of the constitution. Sc to decide validity of provisions governing restitution. Restitution of conjugal rights legal services india. Constitutionality of restitution of conjugal rights lawlex. Be it enacted by parliament in the sixth year of the republic of india as follows. Constitutional validity and ethicalness of restitution of.
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 that there is no legal ground why the application. Section 9 of the hindu marriage act 1955 and the conjugal. 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 is well settled that when a law is challenged, the first duty of the court is to examine the purpose and the policy of the act and then to discover whether the classification made by the law has a reasonable relation to the. Sc to hear plea challenging the constitutional validity of. This blog post will also look into the constitutional debate of the validity of this concept in the modern scenario. Sec 9 of the act deals with restitution of conjugal. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form. 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. Constitutional validity of the section 9 of the hindu marriage act, 1995. Venkatasubbayya, 9 a single judge of the andhra pradesh high court expressed the view that section 9 of hindu marriage act providing for the remedy of restitution of conjugal rights is void as it offends article 14 and 21 of the constitution. How to get relief under section 9 of hindu marriage act answered by expert divorce lawyer. The petition challenged the validity of section 9 of the hindu marriage act of 1955, section 22 of the special marriage act of 1954 and order 21, rules 32 and 33 of the code of civil procedure, 1908. Hindu marriage act section 9 judgments legalcrystal.
Indian maintenance laws where maintenance can be demanded by a wife using 5 separate laws namely hindu marriage act 1955 sec 24, hindu marriage act 1955 sec 25, criminal procedure code sec 125, domestic violence act sec12 and hindu adoption and succession act section 18. The essential conditions of valid marriage are given and discussed below. After a decree is passed in favor of the parties, they are not bound to cohabit with each other. Hindu marriage act, 1955 with pdf download updated 2019. 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. By 1976 amendment, explanation was added and sec 9 2 was deleted. Short title and extent 1 this act may be called the hindu marriage act.
Home hindu law hindu marriage act, 1955 section 9 hindu marriage act, 1955. How to get relief under section 9 of hindu marriage act. Hindu law valid, void and voidable marriages under hindu marriage act, 1955. Article 366 of the constitution unless the central government, by notification. Marriage laws amendment bill2010 is constitutionally valid and it is in the true spirit of constitution of india and satisfies the ground of reasonableness. Sc notice to centre in challenge to restitution of. Senior counsel sanjay hegde appeared for the students, who sought that section 9 of the hindu marriage act, section 22 of the special marriage act and order xxi rule 32 and 33 of the code of civil procedure all which provide a statutory scheme for the. Sc notice to centre on pil over constitutional validity of. 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. Be it enacted by parliament in the seventh year of the republic of india as follows. According to section 5 of the act marriage can be solemnised between two hindus. Hindu minority and guardianship act, 1956 an act to amend and codify certain parts of the law relating to minority and guardianship among hindus. Restitution of conjugal rights is a barbarous and savage remedy, violating the right to privacy and human dignity guaranteed by article 21. The article discusses the difference between judicial separation and divorce.
Conjigal rights is available under section 9 of the hindu marriage act, 1955. The bench was hearing a petition challenging the constitutional validity of sections 5ii and 7 of the hindu marriage act, 1955, in as much as the same are in violation of articles 14 and 21 of. Sc to hear plea against constitutional validity of restitution of conjugal rights. 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. Sec 9 of the act deals with restitution of conjugal rights.
The petitioners have sought for section 9 of the hindu marriage act and section 22 of the special marriage act to be struck down. Supreme court on friday issued notice to the central government in a petition challenging the constitutional validity of provisions relating to restitution of conjugal rights under the hindu marriage act and special marriage act. Dear sirs, i got married in june 2010, my wife was from indore, mp, i am basically from rajasthan. Constitutional validity and ethicalness of restitution of conjugal rights in. Additionally, the enforcement of restitution of conjugal rights as provided for under order xxi rule 32 and 33 of the code of. Download beautiful, colourful hindu marriage act pdf. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. The constitution guarantees to every individual the right to be left alone even within the framework of a family. In introduction to 59th law commission of india report, former chief justice of india mr. Constitutionality of remedy of restitution of conjugal rights provided under sec 9 of the act. 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. Sc notice to centre on pil over constitutional validity of restitution of conjugal rights. Article 21, conjugal rights, constitutional validity of section 9 of hindu marriage act, execution of decree of restitution of conjugal rights, harvinder kaur v.
Saroj rani vs sudarshan kumar chadha on 8 august, 1984. After 67 months because of personal disputes, both the family decide for a divorce. Constitutional validity of the section 9 of the hindu. Still the wife could claim maintenance under section 181 of the hindu adoption and maintenance act, 1956 or under section 125 of the criminal procedure code, 1973 the court cannot entertain any claim for maintenance in any proceeding under section 25 of the hindu marriage act, 1955, which are maintainable under section 18 of the hindu adoption and maintenance act, 1956. Compelling wife to cohabit with husband violates fundamental. Notwithstanding anything contained in this section the validity of any hindu marriage shall in no way be affected by the omission to make the entry. An unintended conflict emerged between this act and the acts of various state governments. 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. Feb 19, 2014 adultery in the hindu marriage act, 1955 in india, adultery as a ground for divorce is enshrined in s. It serves as a social purpose as an aid to the prevention of breakdown of marriage.
Marriage, sacrament, hindu marriage act, 1955, restitution of conjugal right, constitutional validity. Family laws hindu law, muslim laws, special marriage act. Restitution of conjugal rights a comparative study among. It is well settled that when a law is challenged, the first duty of the court is to examine the purpose and the policy of the act and then to discover whether the classification made by the law has a reasonable relation to the object which the legislature seeks to obtain. Section 26 of hindu marriage act, 1955 deals with custody of children.
Conjugal rights under hindu marriage act, 1955 our legal. Discuss whether hindu marriage is still a sacrament after passing hindu marriage act, 1955. Sep, 2011 ultimately supreme court in saroj rani v. Restitution of conjugal rights in hindu marriage act. Virtual legal assistant, query alert service and an adfree experience. The hindu marriage act, 1955 act 25 of 195518th may, 1955. Sc to hear plea against constitutional validity of. Marriage is an integral part of every persons life. The conflict between constitution and section 9 of hindu. The court agreed with these arguments and held that, in effect, the decree compelled an unwilling wife to have sexual intercourse with her husband, thereby violating her bodily autonomy. By 1976 amendment, explanation was added and sec 92 was deleted. 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. 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.
Hindu marriage act, restitution of conjugal right, indian personal laws. Jan 03, 2018 venkata subbaiah filed for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 hereinafter the act at the subcourt, cuddapah. Hey guys this is vedio is about a case saroj rani versus sudershan kumar air1984 sc which is related to section 9 of hindu marriage act 1955. Mar 17, 2020 if one of them is a hindu and the other a non hindu or both are non hindus, the marriage will not be a subject matter of this act but will relate to some other law i. 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. 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. Permanent alimony and maintenance under section 25 of hindu. Difference between judicial separation and divorce ipleaders. 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. Hindus under section 9 of the hindu marriage act, 1955, 1. Sc refuses to examine the challenge against constitutional.
Relief of restitution of conjugal rights the constitutional validity of the provision for rcr has time and again been questioned and challenged. Jun 16, 2018 the remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage to live together and cohabit. 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. 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. Hindu marriage act, 1954, parsi marriage and divorce act, 1936. A marriage between a hindu man who converted as christian and a christian lady in a hindu form is not a valid marriage. Sareetha in her petition dated 3181981 of which notice from this court had been duly given to and served upon the attorney general of india,new delhi raised for the first time a question of constitutional validity of section 9 of the hindu marriage act. As the above contention of sareetha involves the question of constitutional validity of section 9 of the act. Hindu marriage act 1955 section 28 appeals from decrees and. Supreme court seeks response from government on section 9. Conjugal rights under section 9 of hindu marriage act, 1955 our legal world, t sareetha vengata, sudharshan kumar v. Essential conditions of valid marriage legal bites.
Adultery is counted as a criminal offence and substantial proofs are required to establish it. Restitution of conjugal right indian national bar association. The constitutional validity of the provision for restitution of conjugal rights has time and again been questioned and challenged. 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. An act to amend and codify the law relating to marriage among hindus. Since a spouse is not barred by sec 23a from claiming relief under sec 1a, the decree was passed.
Venkata subbaiah, on the ground of being in violation of rights guaranteed under article 14, 19 and 21 of the indian constitution. Although the supreme court is its judgement of kharak singh vs. Restitution of conjugal rights, procedure and constitutionality. Hey guys this vedio contains a deep analysis of all 3 three cases in which constitutional validity of section 9 was challenged. Jun 07, 2017 determination of husband entitlement to divorce when petitioning of restitution of conjugal rights was filed by the wife. Constitutional validity of section 9restitution of.
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. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. Notwithstanding anything contained in this section, the validity of any hindu marriage shall in no way be affected by the omission to make the entry. Section 9 of the hindu marriage act, 1955 provides that when the husband or the. There has been a lot controversy regarding the constitutional validity of section 9 of the act. Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights. Repealed by the child marriage restraint amendment act, 1978, w.
The essence of conjugal rights is rooted in hindu philosophy that proclaims three objects of marriage, dharma justice, praja procreation rati pleasure or sex. 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. 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. Harmander singh, hindu marriage act, landmark judgment of. Constitutional validity of marriage laws amendment bill2010. The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. A manual of hindu law on the basis of sir thomas strange. The requisites of a valid hindu marriage under this act aren a that each of the parties shall belong to and profess the hindu faith or religion.
Issues and challenges of same sex marriages in india ipleaders. This is the leading case on constitutional validity. Hindu law valid, void and voidable marriages under hindu. Mar 01, 2017 the relief under section 9 is subject to fulfillment of the following conditions. The constitutional validity of section 9, hindu marriage act, 1955 was challenged for the first time in the case of t. Supreme court must reconsider the constitutional validity of section 9 of the hindu marriage act, which empowers courts in india to effectively. Home india news supreme court seeks response from government on section 9 of hindu marriage act. Restitution of conjugal rights and judicial separation. Hindu marriage act 1955 section 28 appeals from decrees. Section 11 of the hindu marriage act, 1955 embodies the concept of restitution of conjugal rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.