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Report No. 59

4.9. Recommendation to delete section 9(2), H.M.A.-

If section 9(2) were to remain on the Statute Book, it would, we venture to think, be very easy for a Hindu husband, against whom an application for maintenance has been made by his wife under2 section 488 of the Code of Criminal Procedure 1898, to retaliate by filing a petition for restitution of conjugal rights, and if he adopts such a course, a decree for restitution would invariably follow unless the wife is able to prove any of the grounds contemplated by section 9(2), Thus, section 9(2) would indirectly, but decisively, restrict the rights of a Hindu wife under section 488, that could not have been the intention of the legislature when section 9(2) was enacted. We have, therefore, no hesitation in recommending that section 9(2) of the Hindu Marriage Act should be deleted.

1. Section 125 is the corresponding provision in the Code of

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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