Author: Harpreet Kaur, Student at Lloyd School of Law, Greater Noida, India.
ABSTRACT
The following presented study is an attempt to understand and evaluate Section 9 of the Hindu Marriage Act, 1955 with special reference to the case of Km. Kirti Sharma v. Civil Judge, Senior Division, Etah.
The study discusses the questions which are being raised in the courts nowadays, what are conjugal rights, the judicial decision in the above-mentioned case, the constitutionality of Section-9 (with relevant case laws), and do civil courts have the power to grant an injunction to restrain the other spouse from entering a second marriage.
As the study proceeds it rolls into the intricacies of Sec. 9 and analyzes it along with the legal and judicial proceedings. The study has adopted descriptive and analytical research methodology to critically analyze the concept of guarantee and provide a comprehensive understanding of the same.
Keywords: Restitution of Conjugal Rights, Section 9 of Hindu Marriage Act, 1955, and Km. Kirti Sharma v. Civil Judge, Senior Division, Etah.
