What is Section 9 of the Hindu Marriage Act?

Section 9 of the Hindu Marriage Act encompasses the provision for the restitution of conjugal rights, according to which, if either of the spouses withdraws themselves from the society of the other, without reasonable excuse, the other party which is aggrieved has a legal right of filing a petition demanding for the …

In which case it was held that section 9 of Hindu Marriage Act 1955 is constitutional?

Section 9 was held to be unconstitutional, being the grossest form of violation. In the case of Harvinder Kaur v. Harmander Singh, AIR 1984 Delhi 66 the wife had challenged the decree granted to husband by the lower court, the court held that section 9 was constitutionally valid, and the appeal was dismissed.

What is Section 9 of Hindu Marriage Act?

Dealing with the restitution of conjugal rights, Section 9 of the Hindu Marriage Act will restore the marital union if any one of the partners has withdrawn from the society of the other without any reasonable excuse. In this regard, the burden of giving an acceptable excuse will rest on the person withdrawing from the society.

How does a Hindu marriage work in India?

Marriage under Hindu law is a sacrament. The spouses live together till their death and they don’t separate from each other. the Hindu principle that prevailed is “let me mutual fidelity continue until date”. however, under the Hindu Marriage Act 1955, judicial remedies or matrimonial relief have been provided to the parties to unhappy marriages.

What was the principle of Hindu Marriage Act 1955?

The spouses live together till their death and they don’t separate from each other. the Hindu principle that prevailed is “let me mutual fidelity continue until date”. however, under the Hindu Marriage Act 1955, judicial remedies or matrimonial relief have been provided to the parties to unhappy marriages. They are

Can a divorce be granted under Section 13 of the Marriage Act, 1955?

The High Court has rightly held that dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955.