What Is A Restitution Of Conjugal Rights?

Section 9 specifies restitution of conjugal rights: The Hindu Marriage Act, 1955 is not about divorce alone but the law even provides for even bringing together the parties under a section of Restitution of the Conjugal Rights. According to this option, when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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 with the truth of the statements made in such petition may grant a decree restitution of conjugal rights accordingly. The burden of proving reasonable excuse shall be on the person who has withdrawn from the society. Section 13 (1A) (ii) gives further remedy of obtaining a divorce if the parties are living apart for one year and feel that still, they cannot live with each other or their attempt in this one year to reunite failed, any one of the spouses can present a petition for divorce. The time of one year given is reasonable and sufficient for parties to make an attempt to get reunited.