Section 9 – Hindu Marriage Act – Restitution Of Conjugal Right.

Code: Section 9 – Hindu Marriage Act, 1955

“Restitution of conjugal rights.—

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.”

—

Explanation of Section 9 – Hindu Marriage Act

Section 9 allows a husband or wife to request the court to help restore their marriage. If one spouse leaves the other without a good reason, the other spouse can ask the court for help. This request is called a petition for restitution of conjugal rights.

The court reviews the facts. If it finds the claims to be true and there is no valid legal reason to deny the request, it can order the absent spouse to return. Importantly, the spouse who left must prove they had a valid reason to do so.

This section aims to protect marriage and promote togetherness. However, courts also make sure that such requests are not misused.

Key Points

• Either spouse can file a petition if the other walks away from the relationship without a valid reason.
• The petition goes to the district court.
• The spouse who left must explain why.
• If the court finds no proper excuse, it can order that spouse to return.

—

Illustrations

Example 1: Wife files a petition

A husband leaves the home without explanation. His wife approaches the court and files a petition under Section 9. Since the husband cannot give a valid reason for leaving, the court orders him to return and resume married life.

Example 2: Husband defends his case

A wife leaves because of verbal abuse and emotional stress. When the husband files a petition, she proves the abuse. The court agrees with her and denies the husband’s request.

—

Common Questions and Answers

1. What does “restitution of conjugal rights” mean?

It is a legal remedy. A spouse can ask the court to order the other to return and live together again.

2. Who can file a case under Section 9?

Either the husband or the wife can file the petition if the other has left without a good reason.

3. What counts as a “reasonable excuse” for leaving?

Examples include abuse, cruelty, or fear for personal safety. The court decides based on the facts.

4. Is this order legally binding?

Yes. If the order is ignored for one year or more, it can also become a reason for divorce.

5. Can I fight a case under Section 9?

Yes. You can present facts to show that you had a valid reason to leave. The court will listen to both sides.

—

Conclusion

Section 9 of the Hindu Marriage Act helps protect the rights of a spouse left behind without reason. It encourages married couples to live together unless there is a strong legal or personal reason to stay apart. While the law aims to preserve relationships, the court always considers the well-being and safety of both spouses.

Want to learn more or need help filing or responding to a petition under Section 9? Visit ApniLaw for expert legal support today.