2 years ago



What is Marital rape ? What is section 9 of Hindu Marriage act 1955 ?

What will be happen if a married man or women wants to get divorce form his/her spouse but their spouse is not ready to give divorce. In this condition what is the law in India ?

Will court accept that divorce or direct them and also compelled them to live together ? What is Marital rape ? And what section 9 of Hindu marriage act 1955 says ?

We will get know every thing in detail because now supreme court is full ready to hear this issue if we go back 2 year back then Supreme court has accepted in its own verdict that Right to Privacy is fundamental right. The fundamental right means it can be challenged in court if anyone violate your this right.

First we will understand Hindu marriage act 1955. If your are Hindu and you marry to someone with Hindu tradition then govt recognize your marriage under the act of Hindu marriage act 1955. But why it is in news ?

Actually there is a  section in it which is now challenged in court by someone.

There is very uncanny section in this Hindu Marriage Act 1955 which is section 9.

If we talk about section 9 of  Hindu Marriage Act 1955 then -

Section 9 of the Hindu Marriage Act . 1955.  Which deals with restitution of conjugal rights reads :

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 without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court.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 a petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

According to it if a person wants to get divorce from her/his spouse and the spouse is not ready for it then divorce will not be possible and they have to live together as before . If a female wanted to get separate but male denies then also divorce will not be accepted by court and vice versa. And with living they (both) have to do all work that make their marriage legal and valid means if we say openly they have to be in physical relationship. Even if female is not be ready for it then also male have the right to be physical with his wife without her consent . Without your consent if anyone be physical with you it is called rape. And if the same thing  happens after marriage then it is called Merital rape. It is very paradox situation because in one side Supreme court says that every people has right to privacy as their fundamental right but on the another side the same supreme court compelled the person to live with that person with whom they doesn’t want to live and also he will have to make sexual relationship without his/her consent. Then what is the meaning of having Right of Privacy as the fundamental right ?

Either we should have Right to privacy or we should have Right to be separate if we want , no matter what other party says. This paradox verdict will not be accepted anymore.

This case has been filed in Supreme court 2019. Supreme court given the date for its hearing at 22-july-2021. So let’s see what happens now it will be interesting to see ahead because the lot’s of life depends on this decision and they are waiting for the decision eagerly.,



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