Restitution of conjugal rights section 9. Restitution Of Conjugal Rights and It's Execution 2022-10-25

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Restitution of conjugal rights is a legal concept that refers to the right of a spouse to reclaim their conjugal relationship with their spouse if it has been terminated without their consent. In India, this concept is governed by Section 9 of the Hindu Marriage Act, 1955, which provides for the restitution of conjugal rights as a form of relief in cases where one spouse has withdrawn from the company of the other without reasonable cause.

Under this section, if one spouse has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may file a petition in the court seeking an order for the restoration of conjugal rights. The court, upon being satisfied that the withdrawal is without reasonable cause, may order the respondent (the spouse who has withdrawn from the society of the other) to resume cohabitation with the petitioner (the spouse who has filed the petition).

However, it is important to note that the court will not grant an order for the restitution of conjugal rights if it is satisfied that the respondent has been subjected to cruelty by the petitioner, or if the respondent has a valid defense to the petition. In such cases, the court may dismiss the petition and grant a decree of judicial separation or divorce instead.

It is also worth mentioning that the concept of restitution of conjugal rights has been subject to criticism for being archaic and gender-biased. Some have argued that it imposes an obligation on one spouse to resume cohabitation with the other, even if they do not wish to do so. Others have pointed out that it disproportionately affects women, as they are often the ones who are denied their conjugal rights and are then forced to seek legal remedies.

In conclusion, the restitution of conjugal rights is a legal concept that allows one spouse to seek an order from the court for the restoration of their conjugal relationship with their spouse if it has been terminated without their consent. However, this concept has been criticized for being archaic and gender-biased, and it is important to consider these criticisms when discussing its relevance in modern times.

What Is Restitution of Conjugal Rights: Section 9 of Hindu Marriage Act

restitution of conjugal rights section 9

From the rival contentions and the points framed in the two matters, it can be said that if the husband fails to make out the case of mental illness as mentioned in Section 13 1 iii of the Act, the Court can infer that the husband has no desire to resume cohabitation and he has deserted the wife. It changes the status of the couple to legally wedded husband and wife, legitimacy is conferred on Meaning of Restitution of Conjugal Rights Restitution means- Restoration Conjugal rights mean rights emanating from a marital bond. The question arises in the present matter now as to whether the evidence given by the husband is sufficient to make out the case for first kind of illness or second kind of illness or whether the evidence is not sufficient to make out the case under both the grounds. Remember, this provision of law is gender-neutral. Refusal due to incompatibility does not constitute the refusal of conjugal rights without just cause. Everything is going well.

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Section 9 Of The Hindu Marriage Act

restitution of conjugal rights section 9

Who May Apply for a Decree of Restitution? In the cross-examination of the husband, it is brought on the record that he had made inquiry with Dr. She has denied that she used to inflict injuries by using razor and she had attempted to commit suicide first time by jumping from moving scooty and second time by attempting to jump into a well. For a court admissible copy contact your advocate. Order 21 rule 32 of C. The disease, however, must be of such a kind that the other spouse cannot reasonably be expected to live with him or her. He has deposed that he was in the house of his friend and he was not having mobile.

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Judgment

restitution of conjugal rights section 9

This has been supported in the case of P. The decisions rendered by various Courts of this country including this Court led to a conclusion that a decree for divorce in terms of Section 13 1 iii of the Act can be granted in the event the unsoundness of mind is held to be not curable. His evidence shows that even after that he continued cohabitation. The main point under Sec 9 is that if the parties failed to follow the decree of cohabitation after passing of the decree for restitution of conjugal rights for continuously one year, then it becomes a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. Similarly, in the case of Shanti Nigam v.

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Restitution of Conjugal Rights

restitution of conjugal rights section 9

This remedy was adopted into Indian legislature neither from the Dharmashtra nor any personal law in the Indian subcontinent, but through the English Common Law of the British Raj. Click Here Read About Cruelty As Ground of Divorce After filing of the petition, a copy of the petition will be sent to the other party along with the hearing date; thereafter both the parties should appear before the court on the mentioned dates and will be sent for counselling sessions by the court. A family lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. But we have been stuck to our colonial roots. Simply Put This anachronistic remedy has been highly criticized as most inhuman and has been viewed worse than tyranny.

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HMA Sec. 9: Restitution of Conjugal Rights Case

restitution of conjugal rights section 9

Some other symptoms are also mentioned. There have been cases in which the constitutionality of the section is described as violation of fundamental rights by various High Courts and the Supreme Court judges. Through this legal notice in a family matter, I hereby instruct you in your own interest to rejoin my client and perform your matrimonial obligations, for which he has the legal right and also rejoin my client in his house within 14 days otherwise my client has given me clear instructions to institute a suit for restitution of conjugal rights in the competent court of law, at your risk and costs. The petition filed by husband, Petition No. 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. May 2008 without the permission, knowledge of my client in his absence along with valuables while my client was not in the home.


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Law of Restitution CONJUGAL RIGHTS

restitution of conjugal rights section 9

Sareetha case for the following cause. After such statements are found to be true by the court, the onus shifts on the respondent to prove that there exists a reasonable excuse for the withdrawal as held in the case of P. The wife is also not disputing that since that date, she is living with her parents. It is a positive remedy and a marriage-saving clause. Probably, no other people have endeavored to idealize the institution of marriage as the Hindus have done. It is not disputed that the wife was taken to this doctor in Aurangabad by his father. Thus no decree for restitution was allowed.

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Restitution of conjugal rights

restitution of conjugal rights section 9

The burden would then shift to the other spouse for the defense of a reasonable excuse. Such restitutions allow the husband or wife to complain in the regional district court that the other spouse has moved out-of-the-way from the marriage without a suitable grounds. BY VARNIKA SINGH CHAUHAN BHARTI VIDYAPEETH NEW LAW COLLEGE,PUNE. It is the case of husband that after 7-9 months of the marriage, the wife tried to jump into the well to commit the suicide when she was under such attack. It is contended that after picking up quarrel, the husband left his house and he had left her and her daughter at the house of maternal uncle.

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Restitution Of Conjugal Rights and It's Execution

restitution of conjugal rights section 9

SECTION 9 AND ARTICLE 21 Article 21 of the Constitution guarantees protection of life and personal liberty. There should be no other legal ground for refusal of the relief. It is a process resulting in a physical separation where parties are willfully avoiding marital obligations. The husband has challenged the decision given in both the proceedings against him. But certain loopholes sometimes defeat the very purpose for which it has been enacted. ARTICLE 19 1 c The Constitution has given the fundamental right to have freedom of association according to his or her wish but this right gets infringed by the restitution of conjugal rights because this remedy prevents the person to get associated with another person and to live with the person who has filed for such remedy.

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Restitution of Conjugal Rights: Section 9 of The Hindu Marriage Act, 1955 by Ayushi Singh :: SSRN

restitution of conjugal rights section 9

It is the contention of the husband that after one month of the marriage, on 16. When the above-mentioned conditions are fulfilled, the judge may pass a decree of restitution of conjugal rights to bring cohabitation between the separated couple. The court can pass the Restitution of Conjugal Rights order based on the valid points below. However, the Court cannot enforce such an order. The leading idea of section 9, to my mind, is to preserve the marriage. It is her case that she needs company of husband and her daughter also needs love and affection of father. My client is a poor man, he could not fulfill your desires because of which you denied performing your matrimonial obligations.

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