RESTITUTION OF CONJUGAL RIGHTS V. RIGHT TO PRIVACY

Abstract

Marriages are made in heaven but solemnized on the earth. Marriage is considered as the most pious and strong social institute where not only two individuals meet rather two families meet. When two individuals enter into a marriage bond it is expected that both of them need to discharge all the responsibilities towards one another with utmost sincerity, honesty, trust and most importantly with love. But unfortunately, sometimes the individuals feel that they are dragging a dead relationship just to satisfy their family members, friends and relatives and more particularly to the society. In such a deadly relationship, one of the spouses may create such a situation where the other may not feel comfortable to stay and force to leave the company of the other. And to the utter dismay, the spouse who creates such a horrible situation now takes the help of law to ask the suffering spouse to come back to the so-called marriage bond in the name of restitution of conjugal rights which indeed a hollow one. In the eye of law though it seems as a remedy but in the other way around it is a protective umbrella for all those who take the advantage of their own fault. In the name of exercising the matrimonial right the guilty person represents himself as a victim whereas the real victim goes through tremendous internal conflict and suffering. No doubt, it is very much important to save a family but not at the cost of one’s self respect and dignity. Everyone is an individual and as an individual he/she is having his/her own preference. So when one of the spouse is not wiling to stay with the other on a reasonable ground, how far it is justified to force him/her to maintain the unwanted relationship in the name of matrimonial remedy.

Thus, restitution of conjugal rights as a remedy shall be repealed from the Hindu Marriage Act, 1956 to achieve social as well as gender justice. The sooner the better.