Restitution of conjugal rights Section 9 Explain with Example
Restitution of conjugal rights Section 9 is a legal remedy available in India under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. It is a remedy sought by a spouse who has been deserted or abandoned by the other spouse and is seeking to restore their conjugal rights.
For example, if a husband deserts his wife and goes to live with another woman, the wife can file a petition for restitution of conjugal rights. Similarly, if a wife leaves her husband and goes to live with her parents, the husband can file a petition for conjugal rights.
The court will hear the petition and may pass an order directing the deserting spouse to resume cohabitation with the other spouse. If the deserting spouse fails to comply with the court’s order, they may be held in contempt of court.
It’s important to note that the remedy of Section 9 is not available in cases where there is cruelty, adultery or desertion by one spouse. If a party is guilty of any of these grounds, the other party has the right to file a petition for divorce.
Additionally, it’s also important to note that the court will not grant restitution of conjugal rights if the other spouse has a valid excuse for refusing to cohabit. For example, if the other spouse is suffering from a serious illness or is unable to cohabit due to physical or mental disability, the court may not grant the petition.
It’s also worth mentioning that in India, the courts have been reluctant to grant restitution of conjugal rights, as it is seen as a violation of personal liberty and autonomy. The courts have emphasized that the remedy should be used sparingly and only in cases where there is a genuine need for it.
In conclusion,
Restitution of Conjugal rights is a legal remedy available in India for a spouse who has been deserted or abandoned by the other spouse and is seeking to restore their conjugal rights. It should be used sparingly and only in cases where there is a genuine need for it, and it’s not available in cases where there is cruelty, adultery or desertion by one spouse. The court will also not grant it if the other spouse has a valid excuse for refusing to cohabit.
FAQs about
10 question ask by people
What is restitution of conjugal rights?
This is a legal remedy available in India under Section 9 of the Hindu Marriage Act 1955, which allows a spouse to seek a court order for the other spouse to resume cohabitation and fulfill their marital obligations.
Who can file for restitution of conjugal rights?
Either spouse can file for Section 9 case if the other spouse has withdrawn from the society without reasonable cause.
What are the grounds for filing for restitution of conjugal rights?
The grounds for filing for Section 9 case include withdrawal from the society of the other spouse without reasonable cause, refusal to fulfill marital obligations, and desertion.
What is the process for filing for restitution of conjugal rights?
The process for filing for restitution of conjugal rights includes filing a petition in a family court, serving notice to the other spouse, and appearing in court for a hearing.
What is the time limit for filing for restitution of conjugal rights?
There is no specific time limit for filing for restitution of conjugal rights, but it is advisable to file the petition as soon as possible after the withdrawal of the other spouse.
What are the possible outcomes of a restitution of conjugal rights case?
The possible outcomes of a Section 9 hindu marriage act case include a court order for the other spouse to resume cohabitation and fulfill their marital obligations, or the dismissal of the case if the court determines that there is no reasonable cause for the withdrawal.
Can a spouse contest a restitution of conjugal rights case?
Yes, a spouse can contest a Section 9 hindu marriage act case by filing a written statement in response to the petition and appearing in court for a hearing.
Can restitution of conjugal rights be granted if there is a pending divorce case?
No, conjugal rights cannot be granted if there is a pending divorce case between the parties.
How long does it take for a restitution of conjugal rights case to be heard?
The time for a Section 9 case to be heard varies depending on the court’s schedule and the complexity of the case.
What happens if the other spouse does not comply with the court order for restitution of conjugal rights?
If the other spouse does not comply with the court order for Section 9, the court may take further action such as imposing fines or even imprisonment.
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