Hindu marriage act 1955 section 28 appeals from decrees and. Virtual legal assistant, query alert service and an adfree experience. Constitutional validity of section 497 in yusuf abdul aziz vs the state of bombay and husseinbhoy laljee, 1954 scr 0930. Explanation of the conditions of hindu marriage under hindu marriage act, 1955 are listed below.
Supreme court must reconsider the constitutional validity of section 9 of the hindu marriage act, which empowers courts in india to effectively. The petitioners have sought for section 9 of the hindu marriage act and section 22 of the special marriage act to be struck down. A manual of hindu law on the basis of sir thomas strange. The court opined that we are unable to accept the position that section 9 of the hindu marriage act is violative of art.
Sc notice to centre in challenge to restitution of. Explanation of the conditions of hindu marriage under. Although the supreme court is its judgement of kharak singh vs. Constitutional validity of the section 9 of the hindu marriage act, 1995. Air 1954 sc 0321, the constitutional validity of section 497 was challenged before apex court under article 14 of constitution of india on the grounds that it makes an arbitrary discrimination based on sex. The above contradictions about the constitutional validity of sec 9 were set at rest. Sec 9 of the act deals with restitution of conjugal rights. One such anomaly is the remedy of restitution of conjugal rights, as over the years the original intent of this remedy has faded away and is now a tool for abuse and exploitation. Jan 03, 2018 restitution of conjugal rights is a barbarous and savage remedy, violating the right to privacy and human dignity guaranteed by article 21. Constitutional validity of marriage laws amendment bill2010. 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. In introduction to 59th law commission of india report, former chief justice of india mr. Explanation of the conditions of hindu marriage under hindu. 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.
I 177 and if a female, has not completed eighteen years of age. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or. Short title and extent 1 this act may be called the hindu marriage act, 1955. Constitutional validity and ethicalness of restitution of. Harmander singh, hindu marriage act, landmark judgment of. Restitution of conjugal rights a comparative study among.
The wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr. Home india news supreme court seeks response from government on section 9 of hindu marriage act. 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 section 9 judgments legalcrystal. 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. 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. 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.
Constitutional validity and ethicalness of restitution of conjugal rights in. The question of constitutional validity of section 9 of hindu marriage act, 1955, for the first time arose in this case. Conjugal rights under hindu marriage act, 1955 our legal world. 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. Here we have also given some reference books and related books pdf. Sec 9 of the act deals with restitution of conjugal. Sc notice to centre in challenge to restitution of conjugal. 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. Today in this article, we are providing the details about the restitution of conjugal right which is related to the hindu marriage act. Marriage act, 1954 and the hindu marriage act, 1955, there were heated debates in the parliament for and against it.
It serves as a social purpose as an aid to the prevention of breakdown of marriage. Remedy of resitution of conjugal rightssection 9, hindu marriage act 1955whether violates human dignity, right to privacy and personal liberty and whether valid and constitutional. Restitution of conjugal rightsmarriage is just not only a ceremony, it also includes various marital duties and legal rights associated with it. An act to amend and codify the law relating to marriage among hindus. Constitutional validity of the section 9 of the hindu. Article 21, conjugal rights, constitutional validity of section 9 of hindu marriage act, execution of decree of restitution of conjugal rights, harvinder kaur v. Jun 07, 2017 determination of husband entitlement to divorce when petitioning of restitution of conjugal rights was filed by the wife. Saroj rani vs sudarshan kumar chadha on 8 august, 1984. Please click on the below links for more information. The hindu marriage act is an act of the parliament of india enacted in 1955.
Hindu law valid, void and voidable marriages under hindu marriage act, 1955. Section 9 is about the restitution of conjugal rights in the hindu marriage act. Remedy of resitution of conjugal rightssection 9, hindu marriage act 1955 whether. Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights.
Venkata subbaiah filed for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 hereinafter the act at the subcourt, cuddapah. Restitution of conjugal rights legal services india. Three other important acts were also enacted as part of the hindu code bills during this time. 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. Short title and extent 1 this act may be called the hindu marriage act. Thus the appellant approached the family court by filing petition no. 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. Conjugal rights under section 9 of hindu marriage act, 1955 our legal world, t sareetha vengata, sudharshan kumar v. Restitution of conjugal rights in hindu marriage act. Download beautiful, colourful hindu marriage act pdf. Conjigal rights is available under section 9 of the hindu marriage act, 1955. Hindu law valid, void and voidable marriages under hindu.
The dissolution of a hindu marriage by divorce 377. Mar 05, 2019 the petitioners have sought for section 9 of the hindu marriage act and section 22 of the special marriage act to be struck down. 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. Additionally, the enforcement of restitution of conjugal rights as provided for under order xxi rule 32 and 33 of the code of. Hindu marriage act 1955 section 28 appeals from decrees. Restitution of conjugal right indian national bar association. Constitutionality of remedy of restitution of conjugal rights provided under sec 9 of the act. Section 9 of the hindu marriage act 1955 and the conjugal.
The grounds inter alia include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, virulent and incurable form. Since a spouse is not barred by sec 23a from claiming relief under sec 1a, the decree was passed. Constitutionality of restitution of conjugal rights lawlex. Marriage laws amendment bill2010 is constitutionally valid and it is in the true spirit of constitution of india and satisfies the ground of reasonableness. 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. Hindu marriage act, 1955 bare acts law library advocatekhoj. Understanding the hindu marriage act helpful for u. The petition assails the 1984 judgment of the supreme court in the case of saroj rani v. 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. The desirability and constitutional vires of this provision as noted above, has been a subject of debate ever since the decision of the andhra pradesh high court in t. The section 9 of the hma reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may. Ii1998dmc454 think that it is unnecessary to go to other details in this caseas we observe that since one of the parties to the marriage is not hindu, theprovisions in hindu marriage act cannot be invoked and no relief of conjugal rights. The constitutional validity of the provision for restitution of conjugal rights has time and again been questioned and challenged. Section 26 of hindu marriage act, 1955 deals with custody of children.
Home hindu law hindu marriage act, 1955 section 9 hindu marriage act, 1955. The marriage laws amendment bill, 2010 is an attempt to amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. Air1981ap362 as a suit provided that a specific provision is made in that behalf in the statute e. 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. In any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Conjugal rights under hindu marriage act, 1955 our legal. Constitutional validity and ethicalness of restitution. 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. The petitioners have prayed that section 9 of the hindu marriage act and section 22 of the special marriage act be struck down. Mar 01, 2017 the wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr. Section 9 of the hindu marriage act, 1955 1 states, 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.
Supreme court issues notice to attorney general on a plea. In this case sareetha claimed that section 9 of the act is liable to be struck down as violative of the fundamental rights in part iii of the constitution of. There has been a lot controversy regarding the constitutional validity of section 9 of the act. Constitutional validity of the section 9 of the hindu marriage act, 1995 article shared by by marriage the husband becomes entitled to the conjugal society of his wife and the wife to the conjugal society of her husband. Restitution of conjugal rights, procedure and constitutionality. Section 9 of hindu marriage act, 1955 hma provides for restitution of conjugal rights rcr. 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. 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. If two hindus wish to wed in india, they must do so pursuant to the hindu marriage act. Marriage, sacrament, hindu marriage act, 1955, restitution of conjugal right, constitutional validity.
This remedy of restitution of conjugal rights has been laid down under section 9 of hindu marriage act, 1955. Two gnlu students challenge the constitutional validity of. Supreme court seeks response from government on section 9. India today referred a challenge to the constitutional validity of the provisions relating to restitution of conjugal rights to a larger bench.
Pdf the dissolution of a hindu marriage by divorce. Jun 16, 2018 hindu law in particular regards marriage as a sacramentindissoluble and eternal. Family laws hindu law, muslim laws, special marriage act. It was held that the remedy of restitution of conjugal rights is violation of articles 14, 19 and 21 of the constitution of india. 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. By 1976 amendment, explanation was added and sec 92 was deleted. Compelling wife to cohabit with husband violates fundamental. 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. Hindu marriage act,1955 and special marriage act, 1954.
Restitution of conjugal rights under the 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. Restitution of conjugal rights under hindu law free. 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. At present, various grounds for dissolution of marriage by a decree of divorce are laid down in section of the hindu marriage act, 1955. A void marriage as par hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act. People who are searching for hindu marriage act 1955 book pdf can find here. Section 9 of the hindu marriage act, 1955 provides that when the husband or the. This has birthed several anomalies in the system of hindu personal laws. 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. State of up 9 has held right to privacy is an essential ingredient of personal liberty. Section 9 of the hindu marriage act, 1955 family law. When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made.