Additionally, the enforcement of restitution of conjugal rights as provided for under order xxi rule 32 and 33 of the code 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. Apr 27, 20 during the time of introducing the provision for restitution of conjugal rights in the special marriage act, 1954 and the hindu marriage act, 1955, there were heated debates in the parliament for and against it. It states that restitution of conjugal rights is a relief given to the married person in. Doc restitution of conjugal rights shivangi paisal.
Matrimonial reliefs and remedies under hindu marriage act. 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. Restitution of conjugal rightssection 9 of hindu marriage act 1955. The term conjugal rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. Restitution of conjugal rights and judicial separation 9. Restitution of conjugal rights under hindu law 2306. This section in the hindu marriage act is a reproduction of the sections 32 and 33 of the indian divorce act. The matrimonial remedy of restitution of conjugal rights was made available to all the communities, including the muslims, at an early period of british rule in india. Section 9 of the hindu marriage act peruses that when either of the party to a marriage withdraws from the society of the other without giving a justifiable excuse, the aggrieved party can apply for restitution of. Dec 29, 2015 restitution of conjugal rightssection 9 of hindu marriage act 1955. Sc notice to centre in challenge to restitution of conjugal.
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. Restitution of conjugal rights hindu marriage act section 9. Venkata subbaiah filed for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 hereinafter the act at the subcourt, cuddapah. When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court, on being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 the truth of the statements made in such petition and that there is no legal. What are the provisions regarding restitution of conjugal rights under hindu. Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights. Another important implication of the section is that it provides a ground for divorce under section 1a of the hindu marriage act, 1955 on a condition that there has been no restitution of conjugal rights between them for a period of one year or more after the passing of a. Essay about restitution of conjugal rights under hindu law. Virtual legal assistant, query alert service and an adfree experience. 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. Sec 9 of the act deals with restitution of conjugal rights.
Every society has certain norms and rules which have led to the development of key concepts such as customs and usages. Restitution of conjugal rights international journal of law. 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. Delhi hc issues notice to centre the petition sought a direction to the centre to declare section 9 of the hindu marriage act, section 22 of the special marriage act, order 21 rule 33 of cpc and provisions of section. Every society has certain norms and rules which have led to the development of key concepts such. The earliest privy council decision under muslim law goes back to the 1867. An act to amend and codify the law relating to marriage among hindus.
The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. During the time of introducing the provision for restitution of conjugal rights in the special marriage act, 1954 and the hindu marriage act, 1955, there were heated debates in the parliament for and. Here we have also given some reference books and related books pdf. Hindu marriage act 1955 pdf free download notes finance. Restitution of conjugal rights right to stay together if either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the court for restitution of conjugal rights.
Hindu marriage act, 1955 section 9 says if either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved. A manual of hindu law on the basis of sir thomas strange. Restitution of conjugal rights and the law commissions. Mar 01, 2017 iv no legal ground to deny the relief. Jun 07, 2017 the expression conjugal rights connotes two ideas. Petition under section 9 of the hindu marriage act, 1955.
Another important implication of the section is that it provides a ground for divorce under section 1a of the hindu marriage act, 1955 on a condition that there has been no restitution of conjugal rights between them for a period of one year or more after the passing of a decree for restitution of conjugal rights. Restitution of conjugal rights in hindu marriage act. Matrimonial remedy of restitution of conjugal rights under. 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 aim of the ppt is to understand what restitution of conjugal rights implies with respect to different indian personal laws and to do a comparative study of the provisions for restitution of conjugal rights available under hindu and muslim law. If the court is satisfied with the truth or genuineness of the statement made in the petition and there is no legal ground, why the relief should not be granted, the court will pass the decree of restitution of conjugal rights under section 9 of the hindu marriage act,195 an agreement to live separately. It is a provision of section 9 of hindu marriage 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 that. By 1976 amendment, explanation was added and sec 92 was deleted. Family and marriage are the basic institutions of any society. Conjugal rights under section 9 of hindu marriage act, 1955 our legal world, t sareetha vengata, sudharshan kumar v. The remedy is available in modern india by a suit of restitution of conjugal rights. Section 9 of hindu marriage act, 1955 hma provides for restitution of conjugal rights rcr. The petitioners have prayed that section 9 of the hindu marriage act and section 22 of the special marriage act be struck down. Restitution of conjugal rights legal service india. The section 9 of the hma reads that when either the husband or the wife has, without reasonable. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity.
Restitution of conjugal rights under the hindu marriage act. Constitutional validity and ethicalness of restitution of conjugal. Hindu marriage act do go to the petitioner and render conjugal duties, that in case respondent does not go and render such rights, the petitioner do take the. Hindu marriage act,1955 and special marriage act, 1954.
Section 9 hindu marriage act, 1955 bare act, bare act pdf. A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the. Section 9 of the hindu marriage act peruses that when either of the party to a marriage withdraws from the society of the other without giving a justifiable excuse, the. Restitution of conjugal rights a comparative study among. Short title and extent 1 this act may be called the hindu marriage act, 1955. Restitution of conjugal rights in india legal service india. That marriage of the petitioner and the respondent was solemnized. In english law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the court for divorce and matrimonial causes. Feb 12, 2017 restitution of conjugal rights under hindu marriage act. Section 9, in actuality, is a means of saving the marriage, it is in a sense an extension of subsections 2 and 3 of section 23 of the act which encourage reconciliation by the court. After the passing of the hindu marriage act, 1955, section 9 gives a statutory sanction to a proceeding for restitution of conjugal rights.
Short title and extent 1 this act may be called the hindu marriage act. Iii of 1957 received the assent of the sadaririyasat on 17th january, 1957. Restitution of conjugal rights right to stay together. During the time of introducing the provision for restitution of conjugal rights in the special marriage act, 1954 and the hindu marriage act, 1955, there were heated debates in the parliament for and against it. Restitution of conjugal rights under hindu law 2306 words. The provision for the matrimonial remedy of conjugal rights is made in section 9 of the hindu marriage act, 1955 and section 22 of the.
Restitution of conjugal right indian national bar association. Petition for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 the petitioner submits as under. Any reasonable excuse, court may pass a decree for restitution of conjugal rights. Mar 24, 2019 as per section 9 of the hindu marriage act, 1955, 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. Under the muslim law of marriage, restitution of conjugal rights, is equated with. Dec 07, 2014 then onwards relief in the nature of conjugal rights was available to the hindus in civil courts. Hindu marriage act, 1955 section 9 says if either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the court for restitution of conjugal rights. Vinod kumar kejriwal air 1997 bom 380, the petitioner wife alleged that the husband was already married and had suppressed the fact from her.
The futility of the provision of restitution of conjugal rights as under hindu marriage act, 1955 in the present scenario priyanka priyadarshini introduction restitution of conjugal rights is a remedy, which basically means restoration or reinstatement of. Please click on the below links for more information. Hindu marriage act, restitution of conjugal right, indian personal laws, hindus under section 9 of the hindu marriage act, 1955, christians under section 32. Restitution of conjugal rights under hma conditions. People who are searching for hindu marriage act 1955 book pdf can find here. The petitioner is entitled for restitution of conjugal rights. Conjugal rights under hindu marriage act, 1955 our legal. As per section 9 of the hindu marriage act, 1955, 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.
The jammu and kashmir christian marriage and divorce act, 1957 act no. Restitution of conjugal rights under hma conditions, burden. Section 9 of the hindu marriage act peruses that when either of the party to a marriage withdraws from the society of the other without giving a justifiable excuse, the aggrieved party can apply for restitution of conjugal rights. Sc notice to centre in challenge to restitution of. Decree of restitution of conjugal rights could be passed in case of valid marriages only. 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. Order 21 of rule 32 and rule 33 deal with decree for specific performance of conjugal rights or for an injunction. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu. Apart from legislation relating to matrimonial law, courts in india in case of all communities have passed decrees for restitution of conjugal rights.
Constitutionality of restitution of conjugal rights lawlex. Darshan singh patialvi advocate general restitution of conjugal rights. Hindu marriage act areas of law law library advocatekhoj. If either of the spouse, without reasonable excuses, doesnot live with the other spouse, the latter aggrieved party can approach the court for re. Some of the matrimonial reliefs under the hindu marriage act are. Conjugal rights under hindu marriage act, 1955 our legal world. Section 9 of the hindu marriage act, 1955 provides for the restitution of the conjugal rights. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction.