- Research/Scholar Paper name – “Validity of Restitution of Conjugal Rights Under the Hindu Marriage Act, 1955”
- Author: Mona Das
- Institution: Kirit P Mehta School of Law, NMIMS, Mumbai
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 25/05/2021
Restitution of Conjugal Rights is a matrimonial remedy provided under Section 9 the Hindu Marriage Act, 1955 wherein if a spouse departs from the society of the other and starts living separately without any reasonable excuse, then the aggrieved spouse can obtain a decree of restitution of conjugal rights ordering the other spouse to come back. Even though the rationale behind this remedy was to restore one’s marital rights but time and again the question of it being violative of certain fundamental rights has been raised. Such type of a remedy does not hold much weight in today’s evolving times and by looking at the history of cases, it does not serve its intended purpose either. England, the country from where this remedy was borrowed has abolished it long back but whether India should be following the same line is the focus of this paper. The researcher seeks to analyse the validity of this matrimonial remedy, assess the issues which arose in its relation and provide suggestions to the lawmakers in this regard.
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