SC notice to Centre on validity of restitution of conjugal rights
New Delhi: The Supreme Court on Friday issued notice to the Centre on a PIL challenging the law that gives power to courts to force a separated couple to stay together through a decree for restitution of conjugal rights. A bench headed by Chief Justice of India Ranjan Gogoi sought response from Ministry of Law and Justice on the plea.
The PIL filed by two students of Gujarat Law University, Ojaswa Pathak and Mayank Gupta, said under the legal system in India, a spouse is entitled to a decree directing the other spouse to cohabit and take part in sexual intercourse. He/she is entitled to coercive measures in the form of attachment of property in case the spouse wilfully disobeys the decree of restitution.