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Conjugal Rights Under Hindu Personal Laws.

Conjugal Rights Under Hindu Personal Laws.:

The Supreme Court is expected to begin hearing a fresh challenge to the provision allowing restitution of conjugal rights under Hindu personal laws.

  • Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights.
  • Conjugal rights are rights created by marriage, i.e. right of the husband or the wife to the society of the other spouse.
  • The law recognises these rights— both in personal laws dealing with marriage, divorce etc, and in criminal law requiring payment of maintenance and alimony to a spouse.
  • Section 9 of the Hindu Marriage Act recognises one aspect of conjugal rights — the right to consortium and protects it by allowing a spouse to move court to enforce the right.

Rights be enforced:

  • When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court.
  • 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 granted, may decree restitution of conjugal rights accordingly.
  • Also, if a spouse refuses cohabitation, the other spouse can move the family court seeking a decree for cohabitation.
  • If the order of the court is not complied with, the court can attach property. However, the decision can be appealed before a High Court and the Supreme Court.

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