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Is the provision of restitution of conjugal rights constitutional?

Posted by jobseeker Tanyashree | Approved
Answers (1)

The constitutionality of this provision has been challenged. In T. Sareetha v. T. Venkata Subbaiah, the Andhra Pradesh High Court held it unconstitutional, citing the right to privacy. However, in Harvinder Kaur v. Harmander Singh, the Delhi High Court upheld its validity. Later, the Supreme Court sided with the Delhi view and upheld the constitutionality of Section 9 HMA. Therefore, this law is still valid and in force.

Answered by jobseeker JYOTI MEENA | Approved

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