Interpreting Statute Through The Lens Of Golden Triangle: A Constitutional Challenge To Restitution Of Conjugal Rights; With Respect To Hindu Law
- IJLLR Journal
- 19 minutes ago
- 1 min read
S. Vimal Raj, M S Ramaiah Institute of Applied Sciences, School of Law
Shashank S Udupa, M S Ramaiah Institute of Applied Sciences, School of Law
ABSTRACT
The matrimonial remedy of Restoration of Conjugal Rights, enshrined in section 9 of Hindu Marriage Act, 1955, allows a spouse to seek a court decree to compel the other spouse, who has withdrawn from the marital society without reasonable cause, to cohabit. This provision has faced significant constitutional scrutiny, with challenges asserting that it violets the “Golden Triangle” of Indian Constitution article 14,19 and 21 which collectively guarantees the right to privacy, freedom and life. This paper exams the challenges and projects the hypothesis that the remedy of Restitution of Conjugal Rights does not, in fact, violet the Golden Triangle. By analysing the true essence and purpose of Restitution of Conjugal Right, its historical context, and the balance interpretation provided by the Indian judiciary, this paper argues that Restitution of Conjugal Rights serves as a crucial, constitutionally valid tool for preserving the institution of marriage. The analysis will first define conjugal rights and trace their common law and Hindu customary underpinnings. It will then explain the Golden Triangle Doctrine before applying it to the Restitution of Conjugal Rights, concluding that the remedy, as appeared by the Supreme Court, is a reasonable and non- arbitrary measure aimed at reconciliation, not coercion.
