This Article is written by Prateek Saxena, a Third-year law student of Delhi Metropolitan Education

Introduction

In India marriage is considered as a sacred relationship between male and female. In it, both husband and wife are required to fulfill their duty and obligation in the Saptapadi ceremony in their marriage. These obligations and duties are also known as conjugal rights that consist of activities like living together as husband and wife, having children, and raising a family among other duties.

What is RCR?

The concept of "RCR" in Hindu law refers to the legal remedy of "Restitution of Conjugal Rights." [It is a legal provision under which a spouse can seek a court order to compel the other spouse to resume marital cohabitation. It is given under section 9 of the Hindu Marriage Act 1955 it is also interpreted as a means of preserving the sanctity of a marriage. Restoring both spouses' marital status is known as restitution of conjugal rights. To complete the marriage and get along with each other's comforts and society is the major goal. To preserve the marriage union, a petition for restitution of conjugal rights is filed with the court to force it to mediate between the parties and issue a decree of restitution.]1

According to section 9 of Hindu Marriage Act 1955,” When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly”

Essential of RCR

● The applicant and defendant are lawfully wed, validly married, and now living together.

● The defendant ought to leave the applicant's society.

● Such a social disengagement ought to be unfair and irrational.

● The petition and the applicant's claimed facts ought to have satisfied the court.

● The court must be convinced that there is no basis for rejecting the decree legally.

Condition of RCR

● [When either party withdrew from the society. without giving a justifiable cause

● The court believed the facts given in the petition were true.

● No legal ground on which the petition can be rejected.]2

Burden of proof

The burden of proof is a legal standard that requires the parties to establish the truth or falsity of a claim using the available facts and supporting documentation. In a matter involving the restoration of marital rights, the petitioner bears the initial burden of proof. [It is the petitioner's burden of proof to show that the respondent abandoned the petitioner's social circle without cause. If the petitioner is successful in carrying its burden, the respondent bears the duty of proving that the petitioner's withdrawal from society was caused by a legitimate reason or explanation.]3

CONSTITUTIONAL VALIDITY OF SECTION 9 OF THE HINDU MARRIAGE ACT, 1955

It should be highlighted that the Restitution of Conjugal Rights equates to the state's coercive action violating an individual's right to privacy under Article 21 of the Indian Constitution by violating their autonomy over their sexual orientation and their ability to make decisions.

1. Govind v. State of Madhya Pradesh4

The Supreme Court renders a decision that, while the Indian Constitution does not expressly provide the right to privacy, it does imply one from Article 21. The Indian Constitution grants the essential rights of personal liberty and freedom of speech and expression, which might be seen to include the implicit right to privacy even if it is not stated explicitly in the document. The phrase "right granted to every citizen of the country to be free from interference into or publicity concerning matters of personal nature" can be used to characterize the right to privacy.

2. T. Sareetha vs T. Venkata Subbaiah5

The court held that Section 9 infringes upon Article 21 of the Constitution, which guarantees people's right to privacy and human dignity, Section 9 is unconstitutional. The Restitution of Conjugal Rights is a matter between a husband and wife, the Court noted. Furthermore, the state has no business getting involved in such a private matter between a husband and wife. The Court further stated that the Restitution of Conjugal Right decree blatantly violates a woman's right to privacy by forcing her to live in sexual cohabitation with her husband against her will, which would have serious repercussions for women.

3. Smt. Saroj Rani vs. Sudarshan Kumar Chadha6

Here, the Supreme Court noted that restitution of conjugal rights served a social purpose by assisting in the prevention of marriage dissolution by providing a husband and wife with the chance to resolve any disputes amicably. The Court ruled that since conjugality involved more than only sexual interactions and procreation, Section 9 did not require sexual cohabitation. The Court rejected the arguments put up by the Single Judge in the T. Sareetha ruling, which were that women's sexual autonomy, freedom to reproduce, and ability to make their own decisions were all violated by the restoration of conjugal rights.

4. Harvinder Kaur vs Harmander Singh Choudhry7

In the case of Harmander Singh Choudhry v. Harvinder Kaur, the court determined that Section 9 of the Hindu Marriage Act, 1955 is entirely legitimate. In Saroj Rani v. SK Chadha, the same strategy was maintained. In this instance, the Supreme Court overturned the ruling in T. Sareetha and decided that the goal of the Restitution of Conjugal Rights was to enable the parties to coexist peacefully in their married residence. The Court noted that the Hindu Marriage Act's Section 9 aids in preventing marriage dissolution and fulfills a societal purpose. It is therefore constitutionally legitimate.

Conclusion

It is extremely difficult to bring someone back together when they are emotionally estranged from one another. The marriage becomes completely unsustainable, emotionally dead, and beyond saving. Therefore, Section 9 of the Hindu Marriage Act ought to be ruled unconstitutional because, in India, where women are typically treated as the husband's property and are abandoned by their families after marriage, the Restitution of Conjugal Rights remedy compels women to live with their husbands whether they choose to or not.

References

1Shreya Pandey and Ganesh R, “Section 9 of Hindu Marriage Act 1955” (2024) https://blog.ipleaders.in/all-about-section-9-of-hindu-marriage-act-1955/#Understanding_Section_9_of_the_Hindu_Marriage_Act_1955 accessed 17th September 2024

2Mish1998, “Constitutional Validity of RCR under Hindu Law” https://www.legalserviceindia.com/legal/article-10218-constitutional-validity-of-rcr-under-hindu-law.html#google_vignette accessed 17th September 2024

3Anonymous, “Restitution of Conjugal Rights (Section 9) Hindu Marriage Act 1955” https://lawnotes.co/tag/rcr-under-hindu-law/#:~:text=Burden%20of%20Proof%3A&text=The%20petitioner%20would%20first%20prove,defense%20of%20a%20reasonable%20excuse accessed 17th September 2024

41957 AIR 1378

5AIR 1983 AP 356

61984 AIR 1562

7AIR 1984 DELHI 66