ISSN 2581-5369
HeinOnline, MANUPATRA, Google Scholar Indexed
The Restitution of Conjugal Rights: An Analysis from Privacy Conundrum
Deepnainee kaushal.
- Show Author Details
Student at Rajiv Gandhi National University of Law, Patiala, Punjab, India.
- img Download Full Paper
- img Export Citation
Export citation
The necessary implication of union of marriage is that the spouses with lead together a matrimonial life. Marriage has been considered as a sacrament bond in Hindu marriage laws. The conception of restitution of conjugal rights is bolstered on this conception of marriage. Thus, the union is considered unbreakable and is believed to last for seven lives. The decree of restitution provides restoration or reinstatement of person’s marital rights or privileges under Section 9 of the Hindu Marriage Act, 1955. The provision prohibits the dissolution on marriages on the whims and fancies of one spouse. The recent entitlement of right to privacy under article 21 of the Constitution of India has triggered the moot question of constitutionality of the provision. The paper discusses the concept of restitution of Conjugal Rights in light of various case laws. It examines the historical notion of the restitution of conjugal rights and change in notions of marriage and marriage over the years. The author explains the arguments in favour of the restitution of conjugal rights and against the restitution. The research analyses the right to privacy and it studies the provision of restitution in context of privacy jurisprudence.
- Restitution of Conjugal Rights
- Fundamental Rights
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 5302 -5312
Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021
Total number of HTML views: 1766
Total number of pdf downloaded: 760, open access.
https://doij.org/10.10000/IJLMH.111135
Recent content
1 benefits, challenges & effectiveness of class action suits in enhancing corporate governance in india.
By Yashi Mehta
Volume: 7 Issue : 4 Page: 1480 - 1489
2 Analysing India’s Cyber Security Landscape: Strategies and Measures for National Defence in the Face of Cyber Threats
By Kartik Saini
Volume: 7 Issue : 4 Page: 1467 - 1479
3 A Study on Impact of Environmental Laws on Sustainable Management of Resources
By N.B. Nithya Sri
Volume: 7 Issue : 4 Page: 1443 - 1467
4 Balancing Innovation and Competition: An Analysis of Intellectual Property Rights and Antitrust Law in India
By Abhishek Narayan
Volume: 7 Issue : 4 Page: 1420 - 1442
5 Left in the Shadows: The Fallout of India’s New Penal Code for Men and the Transgender Community
By Abirami Ramachandran
Volume: 7 Issue : 4 Page: 1416 - 1419
International Journal of Law Management & Humanities
Typically replies within 24 hours.
Any questions related to the journal or your submission?
WhatsApp Us
🟢 We will respond within 24 hours, maybe less.
WhatsApp us.
Academia.edu no longer supports Internet Explorer.
To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser .
Enter the email address you signed up with and we'll email you a reset link.
- We're Hiring!
- Help Center
The Special Marriage Act-1954
Related Papers
Kumar Rajendran
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.
- We're Hiring!
- Help Center
- Find new research papers in:
- Health Sciences
- Earth Sciences
- Cognitive Science
- Mathematics
- Computer Science
- Academia ©2024
The Concept of Marriage and its Form: An Indian and Western Perspective
International Journal of Scientific Research, Volume : 4 | Issue : 12 | December 2015 • ISSN No 2277 - 8179
3 Pages Posted: 20 Jan 2016
Jayashree Khandare
Bharati Vidyapeeth New Law College, Pune
Date Written: December 20, 2015
The concept of marriage and its form has radically changed and it has some time become a status of symbol in society. There are lot of wrong notions have come up like dowry and show of wealth and status in marriage ceremony. On the other hand there are simpler form of marriage as rescriber under Special Marriage Act 1955, providing registration of marriage with no ceremony it also facilitates marriage between persons of different cast and religion. The notion under Hindus that once marriage is perform second marriage is discourage in case of death of husband. This concept has gradually changed now and widows can perform a remarriage basically for safety and security, while under the western culture male female stay together without marriage and even though there are marriages the result in break down and divorces in multiples. So gradually human society is progressing and developing with the institution of marriage though it may not be as strong as it use to be with lot of alternatives and forms and the rate of dissolution of marriage has also gone up suggesting a new trend.
Keywords: marriage, family laws, western and Indian marriage
Suggested Citation: Suggested Citation
Jayashree Khandare (Contact Author)
Bharati vidyapeeth new law college, pune ( email ).
Educational Complex, Erandwane, Paud Road, Pune, 4110 India 02025444616 (Phone) 02025444616 (Fax)
HOME PAGE: http://www.bvpnlcpune.org
Do you have a job opening that you would like to promote on SSRN?
Paper statistics, related ejournals, family & children's law ejournal.
Subscribe to this fee journal for more curated articles on this topic
Social & Political Philosophy eJournal
Subscribe to this free journal for more curated articles on this topic
Law & Society: Family Law, Relations & Dispute Resolution eJournal
Political behavior: race, ethnicity & immigration politics ejournal, india law ejournal, law & religion ejournal, feminist theory & philosophy ejournal, anthropology of kinship, gender, the body & sexuality ejournal.
Research Paper on Law relating to maintenance in India with special reference to Uniform Civil Code
- August 2022
Discover the world's research
- 25+ million members
- 160+ million publication pages
- 2.3+ billion citations
- Kimberley Williams
- Julissa Marie Sarmiento
- Jeffrey N. Bernstein
- Patricia M. Byers
- Recruit researchers
- Join for free
- Login Email Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google Welcome back! Please log in. Email · Hint Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google No account? Sign up
COMMENTS
Abstract. This paper mainly focuses on Hindu marriage and legal wedlock. It starts with the concepts and essentials of Hindu marriage in India. Legal marriage is valid only if the marriage takes places with the fulfillment of the valid essentials under Hindu Marriage Act, 1955 which varies in each religion. The paper deals with the conditions ...
This research paper aims to examine the experiences of individuals in interfaith relationships in India and the issues and challenges they confront. Despite the legal recognition offered by the Special Marriage Act of 1954, interfaith couples continue to face significant challenges and societal pressures. The paper will analyse the impact of societal pressures and recent changes in legislation ...
The Researcher has accordingly divided the research into two parts. The first part of the paper discusses the provision of Restitution of Conjugal Rights provided for in Section 9, Hindu Marriage Act, 1955 conjointly with the Constitution of India, 1950.
Challenging India's secular marriage law, the Special Marriage Act (SMA), is the most popular approach for realizing marriage equality in India. I argue that it is important to think beyond judicial challenges to the SMA since only locating marriage equality in the SMA may be inadequate in realizing the potential of marriage equality for all ...
The current law relating to marriage in England and Wales was enshrined in the Marriage Act 1949, but based on conventions from the 19th century. It was never built to cover the current range of diversity of faiths present in British society. View Hindu Marriage Act Research Papers on Academia.edu for free.
ose of the Act is to amend and co. ify the law relating to marriage among Hindus. There are 30 Sections in the Act. As pe. Section 2 of the Act, the Act is applicable to Hindu, Jain, Sikh and Bud-dhist. It has been a. so mentioned that the Act is not applicable to Muslim, Christian, Parsi and Jew. Section 3 is the Interp.
Hindu marriage is one of the oldest. institutions that joins two families. It is. described as a union between a male and a. female with a commitment for gaining. wealth and worldly success and ...
Research Paper Critical Analysis On -Necessitate Of Ceremonies for A Valid Marriage in India Vis-A-Vis Judiciary Overreach Towards Live-In-Relationship ... Hindu Marriage Act, 1955 has not defined the term of Ceremonies, and there is no uniform ceremony in Hindu marriage. It has considerable flexibilities, and each ritual variation reflects ...
The paper also seeks to shed light on the growing magnitude of caste endogamy and casteism which is having an adverse impact on the inter-caste and inter-religious marriages in India. The major objective of the paper is to provide an insight into the challenges associated with the implementation of the Special Marriage Act, 1954.
The main idea behind. special marriage act is to reduce barriers to. inter-faith and inter-caste marriages, promoting secularism and equality as a result. In this research paper we are discussing ...
IJCRT2308413 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org d847 paper tries to analyse the Supreme Court power under Article 142 of the Constitution on irretrievable breakdown of marriage. INTRODUCTION The Hon'ble Supreme Court, composed of a Constitution Bench consisting of Sanjay Kishan Kaul, ... Marriage Act ...
This research paper is authored by Ananya Mishra, a scholar with a background in B.Sc and L.L.B. ... Hindu Marriage Act of 1937 applying Islamic personal law. A bill to legalize same-sex marriage under the special marriage act was broughtto the Lok Sabha on April 20,
The necessary implication of union of marriage is that the spouses with lead together a matrimonial life. Marriage has been considered as a sacrament bond in Hindu marriage laws. The conception of restitution of conjugal rights is bolstered on this conception of marriage. Thus, the union is considered unbreakable and is believed to last for seven lives. The decree of restitution provides ...
36 See Heaton, J 'The Marriage Act 25 of 1961, the Divorce Act 70 of 1979, and the Dissolution of a Hindu Marriage [Discussion of Singh v Ramparsad 2007 3 SA 445 (D)]' (2008) 19 Stell LR 452 ...
Two individuals need to coexist harmoniously in a marriage. Hence, people need to get married to the ones they find compatible. But due to religious boundation, which promotes endogamy, people are restricted from marrying whomever they want. This is when the Special Marriage Act of 1954 comes into play.
Critical analysis of Divorce Under Hindu Marriage Act, 1955 ... RESEARCH PAPER TOPIC:- DIVORCE UNDER HINDU MARRIAGE ACT, 1955 AUTHOR- SATYAM KUMAR COLLEGE- PRESIDENCY UNIVERSITY, BANGALORE 2ND YEAR (B.A.L.L.B. HON'S ) E- MAIL: [email protected] PHONE NO. - 7004098078 CO.AUTHOR - RAJ BORELE. ...
The Special Marriage Act-1954 (Act No.43 of 1954) [9th October 1954] An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows: CHAPTER 1 Preliminary 1.
Sec. 7. Definition of 'marriage' and 'spouse' In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex ...
This paper gives a notional analysis of how such laws came into existence and shines a light on how these unconstitutional legislations are a blot on the secular mandate of the nation. Keywords: Secular India, Love Jihad, Indian Constitution, Special Marriage Act, Religious Conversion
the British law of the Child Marriage Restraint Act, 1929. This Act was the first of its kind, ... The main areas that are taken into account in this research paper are, origin and development of ...
The notion under Hindus that once marriage is perform second marriage is discourage in case of death of husband. This concept has gradually changed now and widows can perform a remarriage basically for safety and security, while under the western culture male female stay together without marriage and even though there are marriages the result ...
Research Paper on Law relating to maintenance in India with special reference to Uniform Civil Code. ... Hindu Marriage Act of 1955 are very similar to the l aw [19] [20] [21] [22].