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RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

Section 9: Restitution of conjugal right

The Hindu Marriage Act, 1955

1** * When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

2[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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

3* * * * * *

Footnotes in the official text

  1. 1.The brackets and figure “(1)” omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976).
  2. 2.Ins. by s. 3, ibid. (w.e.f. 27-5-1976).
  3. 3.Sub-section (2) omitted by s. 3, ibid. (w.e.f. 27-5-1976).

Questions on this section

1 question in 4 of our papers cite Section 9. Try these from the free papers:

  1. 1. In a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, the burden of proving reasonable excuse for withdrawal from the society of the other spouse lies on:

Practise questions on Hindu Law