A bench of judges has directed the Centre to file its stand by December 8 in connection with the matter
Delhi High court on Wednesday issued a notice to the Centre seeking their response on a plea which challenged the constitutionality of the Restitution of Conjugal Rights after the privacy judgment passed by the Supreme Court.
A bench of Acting Chief Justice Gita Mittal and Justice C Harishankar directed the Centre to file its stand by December 8 in connection with the matter.
The directions came on a Public Interest Litigation (PIL) which stated that section 9 of the Hindu Marriage Act 1955 titled Restitution of Conjugal Rights be declared void and unconstitutional as per Article 13(2) of the Indian Constitution in light of the nine-Bench constitutional ruling which made the Right to Privacy a fundamental right.
The plea, filed by Sanjiv Kumar, said that the observations of the Privacy Ruling were that "it is crystal clear that state cannot force a wife (female) or husband (male) when to consent for sex/intercourse/cohabitation and women's right to procreate.
According to Section 9 of the Hindu Marriage Act, when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights.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, being satisfied of the truth of the statements made in such a petition and with there being no legal grounds why the application should not be granted, may decree restitution of conjugal rights accordingly.
The PIL contended that earlier Right to Privacy was treated like a common law right and was curtailed by the statue. But now its a fundamental right and the statute cannot be made by the Parliament or legislature.
THE PLEA
- The plea, filed by Sanjiv Kumar, contended that earlier Right to Privacy was treated like a common law right and was curtailed by the statue, but now its a fundamental right and the statute cannot be made by the Parliament or legislature.
- A bench of judges has directed the Centre to file its stand by December 8 in connection with the matter.
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