Saturday 18 January 2020
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business-standard - 4 days ago

SC seeks AG s assistance on plea against constitutional validity of restitution of conjugal rights

The Supreme Court on Tuesday sought assistance of Attorney General KK Venugopal on a PIL against the law that gives power to courts to force a separated couple to stay together through decree for Restitution of Conjugal Rights.A three-judge bench of Justice Rohinton Fali Nariman, Justice Hemant Gupta and Justice V Ramasubramanian asked Attorney General to assist the court on the issue and also asked the central government to respond on the plea within eight weeks.In March last year, the top court had asked the Ministry of Law and Justice on the plea, but the reply is yet to be filed.The two-judge bench had also said that a three-judge bench will hear the case.The PIL filed by two law students of Gujarat National Law University, Gandhinagar, challenged the validity of Section 9 of the Hindu Marriage Act, 1955, Section 22 of the Special Marriage Act, 1954 and Order 21, Rules 32 and 33 of the Code of Civil Procedure, 1908. These provisions provide the statutory scheme for the Restitution


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