Restitution of Conjugal Right: It’s Constitutionality with respect to Marital Privacy

Marriage can be considered as a legal union of a man and a woman and can be said as one of the sturdy pillars of the society. Marriage is the union of two different families, who coalesce as one. In India, marriage is existent in different forms in different religion, such as it is considered as a sacrament under the Hindus, but, on the other hand it is considered as a contract in Islam. For Christians it is considered as a holy union. It is beyond the bounds of possibility to attain an absolute and perfect marriage. Law gives several matrimonial remedies/reliefs to the married couple to escort them at peace and preserve the sacred institution of marriage. This paper shall focus on one such remedy/relief under Hindu law which is known as Restitution of Conjugal Rights enshrined under Section 9 of Hindu Marriage Act, 1955. The author shall plunge deep into the historical perspective of this remedy in order to uncover its origins and the foundation. In this paper, the author has also dealt about the decree for restitution of conjugal rights from an international perspective and also attempt to examine the same from the judicial as well as the societal point of view to conclude that whether the same is still relevant in today’s time or not. Subsequently this paper shall also elucidate upon the current situation and practice of this remedy in the Society and laborious upon its constitutional validity. The core discussion of the research is to behold whether or not restitution as a remedy, is ethical and whether or not this practice is constitutionally valid with respect to Marital Privacy and other fundamental right enshrined under Indian Constitution.