Supreme Court to shortly hear a plea challenging the provisions dealing with restitution of conjugal rights since "court-mandated restitution of conjugal rights amounts to a "coercive act" on part of the state."
#supremecourt #conjugalrights
#supremecourt #conjugalrights
The plea states that such a direction for restitution of conjugal rights is an infringement of one's sexual & decisional autonomy, right to privacy & dignity, and thus a violation of the right to life under Article 21
#supremecourt
#supremecourt
Plea seeks Section 9 of the Hindu Marriage Act and Section 22 of the Special Marriage Act to be struck down. Additionally, the enforcement of restitution of conjugal rights as provided for under Order XXI Rule 32 and 33 of the CPC is also sought to be struck down
Under the legal scheme in India, a spouse is entitled to a decree directing his other spouse to cohabit and take part in sexual intercourse. He/she is also entitled to coercive measures in the form of attachment of property in case the spouses wilfully disobeys such a decree
Sr. Advocate Aishwarya Bhati seeks time to place a response by way of counter affidavit on record saying, “This is an important issue.”
Matter listed after two weeks on 22 July.
Matter listed after two weeks on 22 July.
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