Role of Constitution in Conjugal Rights in India

Marriage among Hindus is a sacrament, a relationship beyond birth and death. But Section 9 of the Hindu Marriage Act, of 1955 was used to save the marriage but as time has changed and people also changed. Then Section 9 emerged as a coercive clause that compels two adults to live together against their wishes. It is an anomaly that on one hand we advocate for the freedom and personal liberty of an individual and on the other hand, a provision like section 9 exists which every so often compels spouses to live with each other even when there is no affection and care left. Thus the main thrust of this book is an attempt to explain the grounds on which this section must be omitted from the Hindu law.