Conjugal rights
Date: 20 July 2021 Tags: ConstitutionIssue
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
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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.
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These rights deal with personal laws involving marriage, divorce and also payment of maintenance and alimony to spouse.
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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
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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.
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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
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The law is challenged on the ground of right to privacy, which has been considered a fundamental right.
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The conjugate rights are seen as a violation of sexual and personal choices exercised by an individual due to interference of court.
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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.
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The court had previously upheld the conjugate rights but the decision on right to privacy has given new grounds for challenging the provisions.