Section 9 of the Hindu Marriage Act provides for for restitution of conjugal rights where spouse can be asked to live together.
On Wednesday, Delhi HC issued a notice to Centre seeking their response on the plea which challenged constitutionality of the Restitution of Conjugal Rights after Privacy judgment passed by Supreme Court.
HC Bench of Acting Chief Justice Gita Mittal and Justice C Harishankar has directed Centre to file its stand by December 8 in connection with the matter.
Directions have come on a PIL which stated that Section 9, Hindu Marriage Act 1955 titled Restitution of the Conjugal Rights be declared void and unconstitutional as per the Article 13(2) of the Indian Constitution in light of Nine Judge-Bench’s constitutional ruling which made Right to Privacy a fundamental right.
Plea has been filed by Sanjiv Kumar, who submitted that observations of Privacy Ruling were that, “it is crystal clear that the State cannot force a wife (female) or husband (male) when to consent for the sex/intercourse/cohabitation and women’s right to procreate.
Section 9, Hindu Marriage Act, stated that,”When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights.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 Court, being satisfied of truth of statements made in such a petition and with there being no legal grounds why application should not be granted, may decree the restitution of the Conjugal Rights accordingly.