Restitution Of Conjugal Rights
In the case of T. Sareetha v. T. Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as unconstitutional for being violative of the right to privacy and human dignity guaranteed under Article 21 of the Constitution of India. Justice P.A. Choudhary observed that Section 9 is the grossest form of violation of the right to privacy …..
Child Support and Maintenance
Even in a case where the father is the natural guardian, but the child is in the custody of the mother, father’s obligation to maintain the child subsists and he cannot impose a condition requiring the child to come and live with him in case the child has not attained the age of discretion or is not living with the mother of its free will or volition.
