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(Guest)

Introduction of constitutional law in matrimonial home is li

Introduction of Constitutional Law in matrimonial home is like introduction of a bull in a china shop.

 
One general observation must be made. Introduction of constitutional law in the home is most inappropriate. It is like introducing a bull in a china shop. It will prove to be a ruthless destroyer of the marriage institution and all that it stands for. In the privacy of the home and the married life neither Article 21 nor Article 14- have anyplace. In a sensitive sphere which is atonce most intimate and delicate the introduction of the cold principles of constitutional law will have the effect of weakening the marriage bond. That the restitution remedy was abolished in England in 1970 by Section 20 of the Matrimonial Proceedings and Properties Act 1970. on the recommendation of the Law Commission headed by Justice Scarmann is no ground to hold that it is unconstitutional in the Indian set-up.


Delhi High Court
Harvinder Kaur vs Harmander Singh Choudhry on 15 November, 1983
Equivalent citations: AIR 1984 Delhi 66, ILR 1984 Delhi 546, 1984 RLR 187

https://www.lawweb.in/2013/08/introduction-of-constitutional-law-in.html



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 1 Replies


(Guest)

quite informative......!

 


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