WOMEN- Conjugal Rights vs Personal Liberty- Andhra High Court Judgment

Conjugal Rights vs Personal Liberty Andhra High Court Judgment Vimal Balasubrahmanyan ON July I this year, Justice P A Chowdhary of the Andhra Pradesh High Court struck down Section 9 of the'Hindu Marriage Act (1955) as violative of Article 21 of the Constitution. Under Section 9, when either wife or husband has without reasonable excuse withdrawn from the other's society, the aggrieved party may apply to the court for restitution of conjugal rights According to the judgment in the case of Venkata Subbiah against his wife, film actress Sareetha, it was held that Section 9 constitutes the grossest form of violation of an individual's privacy and human dignity which are both included in the fundamental right to life and personal liberty guaranteed by Article 21 of the Constitution. Saree- tha's plea against her husband's petition for restitution of conjugal rights was that the provision was unconstitutional. This plea was upheld by the court.