Conjugal Rights

 Conjugal Rights

The Supreme Court recently ruled that proceedings related to the restitution of conjugal rights and those related to maintenance are entirely separate and independent from one another.

About Conjugal Rights: Conjugal rights refer to the rights created by marriage, such as the right to live together and the right of each spouse to the companionship of the other. These rights are recognized both in personal laws governing marriage, divorce, etc., and in criminal law, which includes provisions for the payment of maintenance and alimony to a spouse.

Hindu Marriage Act, 1955: This Act addresses conjugal rights, stating that if either the husband or wife withdraws from the society of the other without reasonable excuse, the aggrieved party may approach the court for the restitution of conjugal rights.

Similar provisions are also present in Muslim personal law and the Divorce Act, 1869, which applies to Christian family law.

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