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Study Notes: Restitution of Conjugal Rights under Hindu Law

Marriage is a holy union that brings together a man and woman, such a relationship that also binds their families as one.

Abhishek Kaushal
Abhishek Kaushal
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LITT Law — legal AI associate

Introduction

Marriage is a holy union that brings together a man and woman, such a relationship that also binds their families as one. In our tradition, marriage is considered to be a sacred bond where the bride and groom take vows to live for lifetimes, to support each other in ups and downs, to prosperity and welfare, to good health, love, and friendship.

The custom of “saptapadi” or “seven steps” around the holy fire is which signifies their relationship to be for seven lifetimes or “saat janam” in pursuit of meaning, truth, and desires; the custom of tying mangalsutra or “auspicious thread”, are followed in every Hindu marriage. In fact as per the Hindu Marriage act, 1955, marriage is solemnized when the last step is taken in saptapadi[1]. The age-old traditions of Hinduism regard marriage as an essential “sanskara” or “sacrament” which is permanent and does not recognize divorce, being a relationship for eternity. With the enactment of the Hindu Marriage Act, 1955, divorce became an option so as to terminate the marriage, also introducing the concept of Restitution of Conjugal Rights and Judicial Separation. Both the latter concepts shall be dealt with in the coming parts.

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Abhishek Kaushal
Written by Abhishek Kaushal
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