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Restitution Of Conjugal Rights: Section 9 Of The Hindu Marriage Act, 1955




Abhay A V, CMR University, School of Legal Studies


ABSTRACT


The couples must lead a marital life together as an essential consequence of marriage union. In Hindu marital laws, marriage is seen as a sacrament tie. This view of marriage serves as the foundation for the concept of restitution of conjugal rights. As a result, the relationship is thought to be indestructible and to last seven lives. The restitution decision restores or reinstates a person's marital rights or benefits under Section 9 of the Hindu Marriage Act of 1955. The rule forbids divorces based on the preferences and desires of one spouse. The recent recognition of the right to privacy under Article 21 of the Indian Constitution has rendered the provision's legality irrelevant. This research paper discusses constitutional validity and the case laws along with the critical analysis of the researcher on the topic.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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