Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court observed that, by submitting an application under section 9 of the Hindu Marriage Act for the restoration of conjugal rights within the same roof, a spouse cannot claim that they would force another person to cohabit with them and treat them cruelly at the same time.