Restitution of Conjugal Rights: Section 9 of The Hindu Marriage Act, 1955

Abstract

Section 9 of the Hindu Marriage Act, 1955- the Restitution of Conjugal Rights has always remained a bone of contention in the said enactment. Even as the Hindu Marriage Act, 1955 was being enacted in the Parliament, there were voices of scepticism regarding the efficacy of the remedy. The remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage to live together and cohabit. But, this remedy has been misused. Therefore, apparent doubts have been raised if this is a remedy at all? The Researcher has accordingly divided the research into two parts. The first part of the paper discusses the provision of Restitution of Conjugal Rights provided for in Section 9, Hindu Marriage Act, 1955 conjointly with the Constitution of India, 1950. The Researcher, in this part, has highlighted the “Views of the Indian Courts on the aspect of Right to Privacy associated with the Restitution of Conjugal Rights”. Moreover, the second part of the paper discusses the Critical Analysis of Section 9 of the Hindu Marriage Act, 1955 with reference to the landmark case laws.