3-judge SC Bench to hear validity of conjugal rights

New Delhi: A three judge Bench of the Supreme Court will decide the constitutional validity of Section 9 of the Hindu Marriage Act relating to restoration of “conjugal rights” to a wife or husband in matrimonial proceedings.

A Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna posted a petition filed by students of the Gujarat National Law University, Gandhinagar, challenging the validity of the provision on the ground that it discriminates women rather than men. The Bench after hearing senior advocate Sanjay Hegde issued notice to the Centre and posted the matter before a three judge bench.   

According to the petitioners, Ojaswa Pathak and Mayank Gupta the provisions provide the statutory scheme for the Restitution of Conjugal Rights. Under the legal scheme in India, a spouse is entitled to a decree directing his other spouse to cohabit and take part in sexual intercourse.