1. This civil revision petition is filed by sareetha, a well- known film actress of the south Indian screeen agianst an order passed by the learned subordinate Judge , cuddapah ,overruling her objection raised to the enter taining of an application filed by one venkata subbaiah, under section 9 of the Hindu Marriage Act (hereinafter referred to as 'the Act) for restitution of conjugal rights with her.
8. But the next question whether cuddapah or Madras should be counted as the place where the parties had last lived together for the purpose of section 19 of the Act still requires to be considered and answered. For its answer this question depends upon the meaning to be given to the statutory provision of section 19 of the Act, we should therefore read section 19 of the Act.
which raises an important constitutional question. Sareetha in her petition dated 31-8-1981 of which notice from this Court had been duly given to and served upon the Attorney General Of India,New Delhi raised for the first time a question of constitutional validity of section 9 of the Hindu Marriage Act. Through that petition, sareetha claimed that section 9 of the Act, "is liable to be struck down as violative of the fundamental rights in part III of the Constitution of India, more particularly articles 14, 19 and 21 inasmuch as the statutory relief under the said provision, namely restitution of conjugal rights offends the guarantee to life, personal liberty and human dignity and decency'. As the above contention of sareetha involves the question of constitutional validity of section 9 of the Act, authorising grant of curial relief of restitution of conjugal rights to a Hindu suitor, I read section 9 of the Act in full and the relevant parts of its allied procedural provisions contained in order 21 Rules 32 and 33 of the civil procedure code.
offer to matrimonial cohabitation". (See N. R. Raghavachariar's Hindu Law, 7th Edn. Vol II p. 980. Gupt's Hindu Law of Marriage P. 181 and derrett's Introduction to Modern Hindu Law para 308). In other words, sexual cohabitation is an inseparable ingredient of a decree for restitution of conjugal rights. It follows, therefore that a decree for restitution of conjugal rights passed by a civil Court extends not only to the grant of relief to the decree holder to the company of the other spouse, but also embraces the right to have marital intercourse of the enforcement of such a decree are firstly to transfer the choice to have or not to have marital intercourse to the state from the concerned individual and secondly to surrender the choice of the individual to allow or not to allow one's body to be used as a vehicle for another human being's creation to the state. Relief of restitution of conjugal rights fraught with such serious consequences to the concerned, individual were granted under section 9 of the Act enables the decreeholder through application of financial sanctions provided by order 21 Rules