Constitutional validity of sec 9 of hindu marriage act pdf

Restitution of conjugal right indian national bar association. There are amazing law quotes on our twitter and instagram. Section 9 of the hindu marriage act gives remedy to the aggrieved party so as to restore the rights and obligations that had arisen out of their marriage. It serves as a social purpose as an aid to the prevention of breakdown of marriage. Jan 14, 2020 the law commission of india in its consultation paper on reform of family law issued on august 31, 2018, echoed the recommendation of the committee in this regard and suggested the deletion of section 9 from the hindu marriage act, 1955, section 22 of the special marriage act,1954, and section 32 of indian divorce act, 1869. This was the time when wives were considered as a property of their husbands. Section 9 is, in fact, a means of preserving marriage, in a sense an extension of subsections 2 and 3 of section 23 of the act which encourage reconciliation by the court and it is considered as the last chance to save the marriage before it breaks down finally. 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.

Jan 11, 2020 there have been repeated debates on the constitutional validity of this provision. Section 9 hindu marriage act, 1955 bare act, bare act pdf. Sep 18, 2020 this was one of its kind judgement in the history of section 9 of 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 When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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 and that there is no legal ground why the application should not be.

Jun 01, 2020 according to section 9 of the hindu marriage act, 1955, when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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 with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. Short title and extent 1 this act may be called the hindu marriage act. Nov 26, 2015 sivagami, 2001 7 scc 487, upheld the validity of section 7a as inserted by the hindu marriage tamil nadu amendment act, 1967 as the provision applies to any marriage between two hindus solemnized in the presence of relatives, friends or other persons and that the presence of a priest is not mandatory for the performance of a valid marriage. It was so because it violates the fundamental rights enshrined in our constitution. Mar 15, 2021 when the provision of restitution of conjugal rights under section 9 of the hindu marriage act, 1955 came into force its constitutional validity was challenged contending that it abridges the fundamental right guaranteed in the constitution of india. This section seeks to safeguard conjugal rights as it will prevent a person from staying away from the married partner without any valid reasons. Three other important acts were also enacted as part of the hindu code bills during this time. Section 9 of the hindu marriage act 1955 and the conjugal rights it. 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. Decree of divorce granted by a foreign court and its. Aug 22, 2020 the law commission of india recommended the deletion of this section 9 from the hindu marriage act of 1955 in its consultation paper on reform of family law in august, 2018.

Section 9 of the hindu marriage act encompasses the provision for the restitution of conjugal rights, according to which, if either of the spouses withdraw s 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 restitution of conjugal rights. May 20, 2020 section 5i may read with section 11,17 of the hindu marriage act, 1955 which makes a hindu guilty of the offence of bigamy under section 491 of indian penal code and it is ultra vires to the constitution on the ground that it violates article 14, 15 or 251 of constitution of india 7. By 1976 amendment, explanation was added and sec 9 2 was deleted. Feb 26, 2020 dealing with the restitution of conjugal rights, section 9 of the hindu marriage act will restore the marital union if any one of the partners has withdrawn from the society of the other without. In 1983, the andhra pradesh high court held that section 9 which aims at restitution of conjugal rights is unconstitutional. 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. The other emphasis of the indian law is the mandate of section of the hindu marriage act, 1955. Article 366 of the constitution unless the central government, by notification.

Feb 25, 2019 it is for this reason that hindus married as per hindu rights in india, although settled abroad, are primarily required by law to process divorce proceedings only as per the said act i. Union of india challenging the constitutionality of the remedy of restitution of conjugal rights present under multiple family laws including section 9 of hindu marriage act, 1955 hereafter 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 that there is no. Section 9 of hindu marriage act, 1955 hma provides for restitution of conjugal rights rcr. Restitution of conjugal rights legal services india. Constitutionality of restitution of conjugal rights lawlex. The judicial decisions are no different in approach and are much dependent on doctrine of factum valet that accords validity to the child marriage emphasizing more on the dictates of the hindu religious scriptures and personal law. Be it enacted by parliament in the sixth year of the republic of india as follows. The same remedy was abolished in the uk in the year 1947 by an enactment.

Does restitution of conjugal rights violate the right to. 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 with the truth of the. There has been a lot controversy regarding the constitutional validity of section 9 of the act. Firstly, section 9 of the act does not satisfy the traditional classification test. Constitutional validity of marriage laws amendment bill2010. Section 9 in the hindu marriage act, 1955 indian kanoon. The court overruled the judgment of andhra pradesh high court and said that section 9 of the hindu marriage act, 1955 is not violating article 14, 19 and 21 of the constitution. Similarly, section e of hindu marriage act and section 28c of special marriage act provide for a provision to restrict grant of a decree of divorce on the ground of irretrievable breakdown of marriage if the 5 section d of hindu marriage act and 28 b of special marriage act court is satisfied that adequate provision for the maintenance of. The law cannot compel a woman, who is emotionally and mentally unable to cope with a marriage, to remain bound in wedlock to her spouse even when it is established that the marriage is dead. It has already been shown that section 9 must thereofe be held to be arbitrary and void as offending art. Furthermore, it was asserted that the provision violated the right to equality. Venkata subbaiah xi i, section 9 of hindu marriage act, 1955 was held as unconstitutional because this decree snatches the privacy of the wife by compelling her to live with her husband against her wishes. How far can the constitution of india, 1950 be applied to test the validity of section 9 of the hindu marriage act, 1955.

Conjigal rights is available under section 9 of the hindu marriage act, 1955, which reads as follows. Download beautiful, colourful hindu marriage act pdf. 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. Saritha vengata subbiah,4 section 9 of hindu marriage act relating to restitution of conjugal rights was held as unconstitutional because this decree clearly snatches the privacy of wife by compelling her to live with her husband against her wishes. Thus, section 9 of the hindu marriage act was declared to be in violation of article 14 and 21 of the constitution of india by the honble andhra pradesh court. Writinglaw hindu law hindu marriage act, 1955 section 9 hindu marriage act, 1955. 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. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. While this right seems to be valid from the point of view that it is a remedy or a.

Supreme court issues notice to attorney general on a plea. The debate on the constitutional validity of section 9 was settled by the supreme court in the case of saroj rani vs. When either the husband or the wife has, without reasonable excuse, withdra. Section 9 of the hindu marriage act coupled with the exception under section 375 of the ipc, ignores the existence of marital rape and rather glorifies it in the name of the law. This is particularly so after the constitution of india came into force, which. 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 sareetha v. Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights. Restitution of conjugal rights as per section 9 of the hindu marriage act, 1955. Restitution of conjugal rights free law notes prolawctor. Doc hindu law college notes for exames naveen kumar. Certain courts have held it unconstitutional that it violates article 21 of the indian constitution but the supreme court through its judgments has put an end to the controversy. 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 restitution of conjugal rights be struck down for being unconstitutional.

Both these provisions should be repealed to empower women in abusive marriages to protect their 2 hindu marriage act. Constitutional validity and ethicalness of restitution of. Conjugal rights under hindu marriage act, 1955 our legal world. However, there come instances when the section instead of providing remedy has led to infringement of some fundamental rights.

Sc to hear plea challenging the constitutional validity of. In the year 19831984 the constitutional validity of the section 9 of the hindu marriage act, 1955 became a matter of debate. Sec 9 of the act deals with restitution of conjugal. 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. Does restitution of conjugal rights violate the right to privacy. In this case sareetha claimed that section 9 of the act is liable to be struck down.

Constitutional validity of restitution of conjugal rights. This remedy of restitution of conjugal rights has been laid down under section 9 of 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 and that. Aug 22, 2019 section 9 in the hindu marriage act, 1955. Sep 23, 2020 constitutional validity of section 9, hindu marriage act, 1955 the remedy of restitution of conjugal rights was adopted in india in the 19th century from british common law. According to 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 with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. The remedy of restitution of conjugal rights attacks at a persons basic essence of being by disabling their right to choose who and who not to reside with. Restitution of conjugal rights violation of article 14. Constitutionality of section 9 of the hindu marriage act. The above contradictions about the constitutional validity of sec 9 were set at rest. Section 9 of the hindu marriage act 1955 and the conjugal. Secondly it fails to pass the test of minimum rationality required of any state law. Legal provisions and constitutional validity of the restitution of.

Q hindu marriage is a sacrament not a contract explain with the essential conditions for a valid hindu marriage. Because sometimes, a person may be forced to stay with their life partner by force. Supreme court issues notice to centre on a plea challenging. Constitutional validity and ethicalness of restitution. Harminder singh the supreme court made it clear that section 9 of hindu marriage act, 1955 is completely valid. Mar 20, 2021 constitutional validity of section 9 andhra pradesh hc t. The statement made by the petitioner should be true the court satisfied. Both these provisions should be repealed to empower women in abusive marriages to protect their 2 hindu marriage act, no. Buddhists, or sikhs as specified in article 44 of the indian constitution. Section 9 of the hindu marriage act hma, 1955 and section 22 of the special marriage act sma, 1954 provides for restitution of conjugal rights which states that if a husband or a wife has withdrawn from the society of the other without any reasonable excuse, then, the aggrieved party can file a petition before the district court for.

Section 9 of the hindu marriage act hma, 1955 and section 22 of the. Constitutional validity of the hindu marriage amendment. Restitution of conjugal rights is unconstitutional on the following grounds. Constitutional validity of the hindu marriage amendment bill.

The constitutional validity of section 9 of the hindu ma. Dec 19, 2020 constitutional validity of section 9 of hma, 1955 several cases challenged the constitutional validity of the s. The hindu marriage act is an act of the parliament of india enacted in 1955. Hindu marriage act, restitution of conjugal right, indian personal laws. Marriage, sacrament, hindu marriage act, 1955, restitution of conjugal right, constitutional validity. Conjugal rights under hindu marriage act, 1955 our legal. Section 9 of hindu marriage act, 1955 defines conjugal rights as, 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. An act to amend and codify the law relating to marriage among hindus. The constitutional validity of section 9 of hte act when examined on the touchstone of equal protection of laws also leads to a conclusion of its invldity. Q hm a sacrament or only a civil contract, with the help of. Sec 9 of the act deals with restitution of conjugal rights. Restitution of conjugal rights, section 9 of hindu law.

Short title and extent 1 this act may be called the hindu marriage act, 1955. Dealing with the restitution of conjugal rights, section 9 of the hindu marriage act will restore the marital union if any one of the partners has withdrawn from the society of the other without. Jun 24, 2020 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. Table of contents chapteri preliminary 1 short title and extent. This petition challenges the validity of section 9 of the hindu marriage act, 1955, section 22 of the special marriage act, 1954 and order 21, rules 32. In the view i have taken of the constitutional validity of section 9 of the hindu marriage act, i declare that section 9 is null and void. Synopsis the petitioners public interest litigants are students of. Harmander singh,5 section 9 of hindu marriage act was held as valid. It was the result of the andhra pradesh high court judgement. Section c, d, e of the marriage amendment act 2010 does not violate article 14, 15 21 and 25 of indian constitution. Oct 14, 2020 in march 2019, the honourable supreme court of india admitted a writ petition1 ojaswa pathak v. As the above contention of sareetha involves the question of constitutional validity of section 9 of the act, authorising grant of curial relief of restitution of conjugal rights to a hindu suitor, i read section 9 of the act in full and the relevant parts of its allied procedural provisions contained in order 21 rules 32 and 33 of the civil. When either the husband or the wife has, without a.