The Institution Of Marriage Act Essay - 1568 Words

Medha Singh Sem - III; Roll No. - 513 RESTITUION OF CONJUGAL RIGHTS 1.INTRODUCTION The institution of marriage provides for a set of rights and obligations of one party towards the other party. Co-habiting is a symbol of this shared living and separation a negation of this essential quality of marriage.[ 1st Report of the Law Commission, Hindu Marriage Act, 1955, para 6.5. ] The right to consortium is an essential marital right. In protection of this right, all personal laws provide for a remedy to implement the cohabitation and establish the right. In furtherance of this Section 9, Hindu Marriage Act, 1955, provides for the remedy of restitution of conjugal rights i.e. restoration of parties’ martial privileges like that of comfort and consortium of one another[ Ela Dasu v. Ela Lachamma, (1990) 2 HLR 249 (Ori).]. Herein the parties are legally enforced to live together and fulfill the marital obligations by obtaining a court decree by the aggrieved party against the deserting party. 2.EMERGENCE OF THE CONCEPT The concept legal intervention for implementation of conjugal privileges was originally found in Jewish laws from where it travelled to England. Old Hindu personal laws had no concept of restitution of conjugal rights i.e. This was not admitted by the Dharmashastras and the Vedas. India borrowed from the common law of Britain after the colonial rule in India. The procedure of Restitution of Conjugal Rights was introduced in our country by the British rulers inShow MoreRelatedSame Sex Marriage Is Not The Law Of The Land1510 Words   |  7 PagesProfessor Lee Comp Rhetoric 2 20 October 2014 Same-Sex Marriage According to Dr. James Dobson, founder of Focus on the Family, If traditional marriage is not the law of the land, the institution of the family will cease to exist. 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