Restitution of Conjugal Rights in India: A Critique
Marriage is a social contract wherein it is the duty of the sovereign to protect the sanctity and wellbeing of both the spouses from acts of mischief against each other. Whenever, one of the spouses withdraws from the society of other without a reasonable excuse or context, it is deemed as a denying a conjugal right to the other. This paper has a threefold objectives. Firstly, to analyse the defects of this legal provision. Secondly, to analyse whether enforcers are willing to enforce the rule. Thirdly, the analyse the reaction of the people subject to this provision, and to conclude that the pernicious effect of this rule is opposite to the intent or the objective of its enactment.
Keywords - Human Rights, Hindu Marriage Act, Law and Society, Section 9, Social Justice