Hindu Marriage Act Section 9 – Restitution of Conjugal Rights
Code
Restitution of conjugal right.—
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]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
Section 9 of the Hindu Marriage Act deals with the legal remedy of “restitution of conjugal rights.” This remedy allows a spouse who has been deserted by their partner to petition the court to compel the deserted spouse to return and resume cohabitation.
The key elements of this section are:
- Withdrawal without reasonable excuse: One spouse must have withdrawn from the society of the other without a valid reason. This means they have left the marital home without a justifiable cause, such as abuse or neglect.
- Aggrieved party can petition: The spouse who has been deserted can file a petition in the district court seeking restitution of conjugal rights.
- Court’s decision: The court will examine the evidence and determine if there is a genuine reason for the separation. If not, the court may order the deserted spouse to return to the marital home and resume cohabitation.
- Burden of proof: The person who left the marital home has the burden of proving that they had a reasonable excuse for doing so.
Illustration
Suppose a husband leaves his wife and moves out of their shared home without any explanation or justification. The wife, feeling abandoned and hurt, can file a petition for restitution of conjugal rights. If the court finds that the husband’s departure was without a reasonable excuse, it can issue an order compelling him to return to the marital home.
Common Questions and Answers
Q: What constitutes a “reasonable excuse” for withdrawing from the society?
A: Reasonable excuses include instances of domestic violence, adultery, cruelty, or any other grounds for divorce.
Q: What if the deserted spouse refuses to comply with the court order?
A: Non-compliance with a restitution of conjugal rights order can lead to further legal action. For example: contempt of court proceedings, and may have consequences like fines or imprisonment.
Q: Is restitution of conjugal rights still a relevant remedy in today’s society?
A: This remedy is often criticized as outdated and potentially coercive. It essentially forces individuals to live together against their will. In practice, it is rarely used today. However, it remains a legal provision that can be invoked in specific situations.
