Report No. 95
2.7. Example drawn from section 9, Hindu Marriage Act, 1955.-
By way of example of the nature of controversies which might arise under the Indian Constitution and which may not be quite appropriately dealt with by a body constituted on the lines of the French Constitutional Council, we may refer to the question that has very recently arisen regarding the constitutional validity of a statutory provisio.- such as, section 9, Hindu Marriage Act, 195.- providing for the restitution of conjugal rights through a decree of the Court. Two High Court.- Andhra Pradesh and Delh.- have had to deal with the question so far, though they have arrived at different conclusions. We are not, in this Report, concerned with the merits of the controversy. The point to make is that such constitutional questions having a legal background (besides their social significance) may not be appropriate for a Constitutional Council of the type that functions in France.
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