All you need to know about section 9 under Hindu Marriage Act, 1955

This article will educate you about Section 9 of the Hindu Marriage Act, 1955, and how to file a legal notice under that section. Marriage is considered to be sacred bond and ending of a marriage is considered as betrayal of that sacred bond. There are instances when one spouse chooses to leave the other spouse and chooses to stay separately without any specific reason. In such instances, the other spouse has a legal right to file an application for restitution of conjugal rights.

Meaning Of Conjugal Rights

Conjugal rights originally mean the right to stay together. Restitution means restoring the situation after something has been taken from a person in an unlawful manner. Restitution of conjugal rights thus means the restoration of cohabitation and conjugal relations between both the spouses i.e. the husband and wife by way of legal interference. The remedy available for restitution of conjugal rights is a compulsory renewal of cohabitation when the husband and wife are living separately due to any reason. 

When can a person exercise this right?

When either of the spouse i.e. either husband or wife removes himself or herself from the public without any reasonable excuse, then the aggrieved spouse has the option to go to the court for restoration of conjugal rights. A restitution of conjugal rights petition is filed under Section 9 of the Hindu Marriage Act, 1955. A restitution of conjugal rights petition under Section 9 is considered as the last chance to save the marriage before it breaks down finally.

Conditions For Filing A Complaint Under Section 9 Of Hindu Marriage Act

To file a petition for restitution of conjugal rights, it is requisite that the following conditions are met:

1.The spouses must not be living with each other.

2.The stepping back from the society of spouse must be made for no reasonable reason.

3.The affected spouse must have filed for restitution of conjugal rights.

Grounds Of Rejection Of Restitution of Conjugal Rights Petition

A petition for restitution of conjugal rights can be rejected by the court in any of the following cases:

1. Instance where the respondent can claim any matrimonial relief.

2. Instance where the spouse filing the petition has committed any matrimonial misconduct.

3. Instance where the actions of the spouse filing the complaint make it impossible for the respondent to reside with them.

Where to file a Restitution of Conjugal Rights Petition Under Section 9

A petition for restitution of conjugal rights can be filed with a civil court that has jurisdiction over the area where-

1. The marriage was completed.

2. The husband and wife once used to stay together.

3. The wife currently stays.

Steps To File A Restitution Of Conjugal Rights

1.The spouse who has been separated by the other spouse can file a petition for restitution of conjugal rights in the civil court which is appropriate. For this, the party must consider taking services of a divorce lawyer in India who can educate him on the matter. The lawyer will tell the party regarding all the valid grounds and the application. The burden to prove lies on the aggrieved spouse that the spouse has left without any reasonable excuse

2.The court then evaluates the petition and if the court is satisfied that the case is valid, the court calls the other spouse to appear before it to present his/her case. After hearing both sides and inspecting the facts and evidence, the court may order for restitution of conjugal rights by the way of attachment of the property of the spouse. If the spouse is not able to honour the decree of restitution of conjugal rights, for a period of more than one year, the aggrieved spouse then has a valid ground to file a divorce against the other spouse.

3. Another significant feature under Section 9 petition is that an aggrieved wife who does not want judicial separation from her spouse also can claim maintenance under Section 25 of the Hindu Marriage Act, 1955 without filing a separate maintenance petition. The maintenance claim can be made in the course of the pendency of the restitution of conjugal rights petition if the wife is unable to sustain herself or her children financially.

The author of this blog is Adv. Prema K. having an experience of 17+ years in handling Divorce related matters from her experience she wants to share this beneficial information for the individuals having any issues with respect to Divorce related matters.