The Restitution of Conjugal Rights: An Analysis from Privacy Conundrum

The necessary implication of union of marriage is that the spouses with lead together a matrimonial life. Marriage has been considered as a sacrament bond in Hindu marriage laws. The conception of restitution of conjugal rights is bolstered on this conception of marriage. Thus, the union is considered unbreakable and is believed to last for seven lives. The decree of restitution provides restoration or reinstatement of person’s marital rights or privileges under Section 9 of the Hindu Marriage Act, 1955. The provision prohibits the dissolution on marriages on the whims and fancies of one spouse. The recent entitlement of right to privacy under article 21 of the Constitution of India has triggered the moot question of constitutionality of the provision. The paper discusses the concept of restitution of Conjugal Rights in light of various case laws. It examines the historical notion of the restitution of conjugal rights and change in notions of marriage and marriage over the years. The author explains the arguments in favour of the restitution of conjugal rights and against the restitution. The research analyses the right to privacy and it studies the provision of restitution in context of privacy jurisprudence.