Restitution of Conjugal Rights

Section 9 of the Hindu Marriage Act states that:

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 Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.”


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If one party leaves the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court then asks the other party to join the company of the other spouse. If you’re stuck in a matrimonial dispute then we do not find filing this case strategically useful, as perceived by many. We find this useful only if you’re really looking for patching up with your spouse.

For more info, You may also call us 9654355275 — or email us at — mutualdivorceonline@gmail.com or fill the above form

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