Under Hindu law, which of the following is a defence to the petition for restitution of conjugal rights…
Under Hindu law, none of the listed agreements is a valid defence to a husband’s petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955.…
Choose your answer
Under Hindu law, which of the following is a defence to the petition for restitution of conjugal rights by the husband?
Answer and explanation
Correct answer D
Under Hindu law, none of the listed agreements is a valid defence to a husband’s petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955. Pre-marriage agreements to live separately or requiring the husband to reside permanently at the wife’s father’s house (as in Tekait Mon Mohini Jemadai v. Basanta Kumar Singh), as well as post-marriage agreements for future separation, are void as opposed to public policy and the marital duty of cohabitation, and therefore do not constitute a reasonable excuse for withdrawing from the husband’s society.
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