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Right to Privacy: PIL in Delhi High Court Seeks to Render Restitution of Conjugal Rights as Unconstitutional

Team SoOLEGAL 14 Sep 2017 10:12am

Right to Privacy: PIL in Delhi High Court Seeks to Render Restitution of Conjugal Rights as Unconstitutional

A petition filed by Sanjjiiv Kkumaar regarding declaration of restitution of conjugal rights as unconstitutional has led Delhi High Court to issue a notice to the central government. The PIL is presented before a bench of the acting Chief Justice Gita Mittal and Justice C. Hari Shankar.

The Petition aims for a mandamus pronouncement stating Section 9 of the Hindu Marriage Act, and Section 22 of the Special Marriages Act termed as ‘Restitution of Conjugal Rights’ as well as their execution through Order 21 Rule 32 of CPC along with sections related to divorce like Section 13(1)(IA) [Denial of sex – Cruelty], Section 13(1A)(i) and Section 13(1A)(ii) of the Hindu Marriage Act as invalid and unconstitutional as per the Article 13(2).

The petition states meaning of ‘conjugal’ as sexual relationship between a married couple and therefore concludes that as per the observations and conclusions of the right to privacy judgment it is unsuitable for the state to force a wife or husband to consent to sex/intercourse/cohabitation, or to determine a woman’s right to reproduce.

Moreover, none of the parties should be forced for restitution of conjugal rights that is ordering a spouse for intercourse/sex/cohabitation, also the state cannot decree a divorce in absence of cohabitation or separation.

“The state cannot ask why a man and a woman are not having sexual relations or for how long they have not cohabited or ask about their consent or their view on same.”

The next hearing is due on December 8.

Read the Petition here: 

right to privacy   Hindu Marriage Act  

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