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Current Affairs

Conjugal rights

Date: 20 July 2021 Tags: Constitution

Issue

The Supreme Court has agreed to hear a case on application of Conjugal rights under Hindu personal laws.

 

Background

The restitution of conjugal rights is mentioned under Section 9 of the Hindu Marriage Act, 1955.

 

Details

  • Rights that are created by institution of marriage is called as conjugate rights. These rights give wife or husband right over society of other spouse.

  • These rights deal with personal laws involving marriage, divorce and also payment of maintenance and alimony to spouse.

  • A spouse can move to the court for conjugate rights under the Hindu personal law. There are similar provisions under Divorce Act, 1869 for Christians and Muslim personal laws.

 

Filing a case under section 9

  • A spouse can approach the family court for cohabitation with partner. The partner’s property can be attached if directions of court are not followed.

  • These cases are filed when a spouse files for unilateral divorce. The conjugate rights are a way of conciliation between the couples.

 

Grounds for challenge

  • The law is challenged on the ground of right to privacy, which has been considered a fundamental right.

  • The conjugate rights are seen as a violation of sexual and personal choices exercised by an individual due to interference of court.

  • It is also believed that women are called back to husband’s home under these laws forcefully against their wishes and made to participate in forceful physical relations.

  • The court had previously upheld the conjugate rights but the decision on right to privacy has given new grounds for challenging the provisions.