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Context:

The Supreme Court has ruled that Section 9 of the Hindu Marriage Act, 1955 (HMA) allows a court to pass a decree of "restitution of conjugal rights."

Details

The Supreme Court ruled that proceedings for restitution of conjugal rights and maintenance are independent of each other. This means that a husband must continue to pay maintenance to his wife, even if she refuses to comply with a decree for restitution of conjugal rights and does not return to the matrimonial home.

Conjugal rights are the rights and privileges that two people have when they are married. These rights include the right to have companionship, affection, and support. 

Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights. An aggrieved party can apply for restitution of conjugal rights by filing a petition with the District Court.

About the Section 9 of The Hindu Marriage Act 1955

It deals with the restitution of conjugal rights: 

• If a spouse withdraws from the other without a reasonable excuse, the aggrieved party can petition the district court for restitution of conjugal rights.
• The court will grant restitution if it is satisfied that the statements in the petition are true and there is no legal reason to deny the application.
• The burden of proving that there was a reasonable excuse for withdrawing from society lies with the person who withdrew.

This provision gives the court the authority to issue a decree that orders the party who has withdrawn to return to the matrimonial home.

The objective behind this provision is to encourage the continuance of marital relationships and prevent divorce, to ensure that the family unit remains intact.

Supreme Court’s recent ruling

The Supreme Court ruled that the proceedings for restitution of conjugal rights and those for maintenance are separate and independent, which means that a wife can still claim and receive maintenance even if she refuses to comply with a court's order to return to the matrimonial home.

The court order stresses that maintenance should not be denied solely on the wife's non-compliance with the restitution decree.

The Court reasoned that a wife should not be automatically disqualified from receiving maintenance just because she defies a decree for restitution of conjugal rights.

Criticism of Section 9 of the Hindu Marriage Act

The Andhra Pradesh High Court overturned the law in 1983, establishing that it was outdated and had no place in modern society, however, the Supreme Court overruled the decision, arguing that it served a social purpose by avoiding marriage dissolutions.  

Critics argue that the provision reflects a patriarchal view, treating women as property and violating their rights to privacy and personal freedom.

Critics argue that Section 9 promotes gender stereotypes and violates an individual's right to privacy, forcing a spouse into an unwanted relationship.

The government, in a 2022 affidavit, defended the provision, calling it gender-neutral. The government argued that it provides a relatively soft remedy for resolving marital disputes and addresses the "normal wear and tear" in relationships, rather than encouraging divorce right away.

Way Forward

The key takeaway is that marital disputes cannot be reduced to a mere question of compliance with court orders. The Court's focus on considering the individual circumstances in every case signals that marital law must evolve to reflect changing societal norms.  

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Source: 

INDIAN EXPRESS