What will happen if a married man or woman wants to get a divorce from his/her spouse, but their spouse is not ready to give divorce. In this condition, what is the law in India?
Will the court accept that divorce or direct them and also compelled them to live together? What is Marital rape? And what section 9 of the Hindu marriage act 1955 says?
We will get to know everything in detail because now the supreme court is full ready to hear this issue. If we go back 2 years back then, the Supreme court has accepted in its own verdict that the Right to Privacy is a fundamental right. The fundamental right means it can be challenged in court if anyone violates this right.
First, we will understand the Hindu marriage act 1955. If you are Hindu and marry someone with Hindu tradition, then govt recognizes your marriage under the act of Hindu marriage act 1955. But why is it in the news?
Actually, there is a section in it that is now challenged in court by someone.
There is a very uncanny section in this Hindu Marriage Act 1955, which is section 9.
If we talk about section 9 of the 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When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court.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 with 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 divorced from their spouse and the spouse is not ready for it, then the divorce will not be possible, and they have to live together as before. If a female wanted to get separated, but the male denies it, then the divorce will not be accepted by the court and vice versa. And with living, they (both) have to do all work that makes their marriage legal and valid means if we say openly, they have to be in a physical relationship. Even if the female is not ready for it, the male also has the right to be physical with his wife without her consent. Without your consent, if anyone is physical with you, it is called rape. And if the same thing happens after marriage, then it is called Marital rape. It is a very paradoxical situation because on one side Supreme court says that every people has the right to privacy as their fundamental right. Still, on another side, the same supreme court compelled the person to live with that person with whom they don’t want to live, and also, he will have to make sexual relationships without their consent. Then what is the meaning of having the Right to Privacy as the fundamental right?
Either we should have the Right to privacy, or we should have the right to be separate if we want, no matter what the other party says. This paradox verdict will not be accepted anymore.
This case has been filed in Supreme court 2019. The Supreme court gave 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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