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Under the Matrimonial Causes Act 1884, failure to comply with an order of restitution of conjugal rights was no longer punishable by imprisonment, and only served to establish desertion ("statutory desertion") which gave the other spouse the right to an immediate decree of judicial separation, and, if coupled with the husband's adultery, allowed the wife to obtain an immediate divorce.
Rukhmabai (22 November 1864 – 25 September 1955) was an Indian physician and feminist.She is best known for being one of the first practicing women doctors in colonial India (first one being Dr. Kadambini Ganguly who started practicing in 1886) as well as being involved in a landmark legal case involving her marriage as a child bride between 1884 and 1888.
The husband sued for restitution of conjugal rights, initially lost but appealed the decision. On 4 March 1887, Justice Farran, using interpretations of Hindu laws, ordered Rukhmabai to "go live with her husband or face six months of imprisonment".
The Hindu Marriage Act (HMA) is an act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
He was one of the counsel for the defendant, Rukhmabai in the famous restitution of conjugal rights brought by her husband. [4] Telang, finding his career assured, declined an offer of official employment. But in 1889 he accepted a seat on the high court bench, where his judgments are recognized as authoritative, especially on the Hindu law. [3]
Anagol, Padma, 'Rebellious Wives and Dysfunctional Marriages: Indian Women's Discourses and Participation in Debates over Restitution of Conjugal Rights and Child Marriage Controversy in 1880 and 1890s', in Sumit Sarkar and Tanika Sarkar (eds.), Women and Social Reform in Modern India: A Reader, Volumes I & II, Indiana University Press ...
Decree for specific performance for restitution of conjugal rights, or for an injunction. 33 Discretion of Court in executing decrees for restitution of conjugal rights. 34 Decree for execution of document, or endorsement of negotiable instrument. 35 Decree for immovable property. 36
Family Courts have jurisdiction over various matters, including divorce, restitution of conjugal rights, guardianship, maintenance, and disputes related to property and matrimonial status. The Act emphasizes the importance of settlement and reconciliation, and Family Courts are encouraged to make efforts to assist parties in arriving at a ...