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Conjugal rights

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

 conjugal rights

  • Conjugal rights are rights created by marriage, i.e. the right of the husband or the wife to the society of the other spouse.
  • The law recognizes these rights— both in personal laws dealing with marriage, divorce etc and in criminal law requiring payment of maintenance and alimony to a spouse.
  • The concept of restitution of conjugal rights is codified in Hindu personal law now, but has colonial origins and has genesis in ecclesiastical law.
  • Similar provisions exist in Muslim personal law as well as the Divorce Act, 1869, which governs Christian family law.
  • Incidentally, in 1970, the United Kingdom repealed the law on restitution of conjugal rights.

 Section 9 filling

    • 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.
    • Normally, when a spouse files for divorce unilaterally, the other spouse files for restitution of conjugal rights if he or she is not in agreement with the divorce.
    • The provision is seen to be an intervention through legislation to strike a conciliatory note between sparring spouses.
Tags: Current Affairs, Social Issues

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