In which of the following cases was Section 9 of the Hindu Marriage Act, 1955 held to be violative of…
In T. Sareetha v. T. Venkata Subbaiah (AIR 1983 AP 356), the Andhra Pradesh High Court held that Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights)…
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In which of the following cases was Section 9 of the Hindu Marriage Act, 1955 held to be violative of Articles 14 and 21 of the Constitution of India?
Answer and explanation
Correct answer A
In T. Sareetha v. T. Venkata Subbaiah (AIR 1983 AP 356), the Andhra Pradesh High Court held that Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) violated Articles 14 and 21 of the Constitution of India. That view was dissented from by the Delhi High Court in Harvinder Kaur v. Harmander Singh and was subsequently overruled by the Supreme Court in Saroj Rani v. Sudarshan Kumar Chadha (1984), which upheld the constitutional validity of Section 9.
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