The Institution Of Marriage Act

1568 Words Nov 16th, 2016 7 Pages
Medha Singh
Sem - III; Roll No. - 513

RESTITUION OF CONJUGAL RIGHTS

1.INTRODUCTION

The institution of marriage provides for a set of rights and obligations of one party towards the other party. Co-habiting is a symbol of this shared living and separation a negation of this essential quality of marriage.[ 1st Report of the Law Commission, Hindu Marriage Act, 1955, para 6.5. ] The right to consortium is an essential marital right. In protection of this right, all personal laws provide for a remedy to implement the cohabitation and establish the right. In furtherance of this Section 9, Hindu Marriage Act, 1955, provides for the remedy of restitution of conjugal rights i.e. restoration of parties’ martial privileges like that of comfort and consortium of one another[ Ela Dasu v. Ela Lachamma, (1990) 2 HLR 249 (Ori).]. Herein the parties are legally enforced to live together and fulfill the marital obligations by obtaining a court decree by the aggrieved party against the deserting party.

2.EMERGENCE OF THE CONCEPT

The concept legal intervention for implementation of conjugal privileges was originally found in Jewish laws from where it travelled to England. Old Hindu personal laws had no concept of restitution of conjugal rights i.e. This was not admitted by the Dharmashastras and the Vedas. India borrowed from the common law of Britain after the colonial rule in India. The procedure of Restitution of Conjugal Rights was introduced in our country by the British rulers in…
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