SC seeks Centre's stand on plea against conjugal rights restitution

The Supreme Court on Thursday granted two weeks time to Centre to file a counteraffidavit on a plea challenging the provisions dealing with restitution of conjugal rightsA bench comprising Justices RF Nariman Justice KM Joseph and Justice BR Gavai adjourned the matter for two weeks following submissions of Additional Solicitor General Aishwarya Bhati representing the Centre seeking time to file the counteraffidavitJustice Nariman said This is a very important point on Section 9 of Hindu Marriage ActThe top court was hearing a PIL filed by Ojaswa Pathak challenging the Section 9 of the Hindu Marriage Act Section 22 of the Special Marriage Act and Rules 32 and 33 of Order XXI of the Code of Civil ProcedureBhati acknowledged it is an important issue and sought the courts permission to submit a response along with some documents to assist the court At this the bench said Okay then counter affidavit to be fully filed in 2 weeks List after 10 daysSenior advocate Indira Jaising submitted this is purely question of law namely what is the constitutional validity of Section 9 of the Hindu Marriage Act and urged the court to hear the matter after one week instead of two weeksThe bench also informed advocate Shoeb Alam that it will take up his intervention application with the main matterAfter arguments the bench posted the matter for further hearing on July 22The plea argued that the remedy of restitution of conjugal rights was not recognised by any of the personal law systems of India and contended that courtmandated restitution of conjugal rights amounted to a coercive act on the part of the state which violates ones sexual and decisional autonomy right to privacy and dignity The plea added this fall under the purview of right to life and personal liberty under Article 21 of the ConstitutionThe same has its origins in feudal English law which at that time considered a wife to be the chattel of the husband The United Kingdom itself has abolished the remedy of restitution of conjugal rights in 1970 said the pleaAccording to Section 9 of the Hindu Marriage Act when either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted may decree restitution of conjugal rights accordinglyThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever