Restitution of Conjugal Rights – Hindu Marriage Act Section 9 Explained FAQs

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Hindu Marriage Act Section 9 explained in this article. Section 9 is about the Restitution of Conjugal Rights in the Hindu Marriage Act. Earlier we’ve provided the details of The Hindu Marriage Act 1955 – Introduction, Definition, Purpose, Applicability. Today in this article, we are providing the details about the Restitution of Conjugal Right which is related to the Hindu Marriage Act Section 9. Also get some important answers to the frequently asked questions about section 9 of the Hindu Marriage Act, 1955. meaning of Restitution of Conjugal Rights under the Hindu Marriage Act Section 9 Explained below.

Also Read : Section 5 of Hindu Marriage Act – Conditions for a Hindu Marriage

Restitution of Conjugal Rights Meaning

We’ve given the meaning of Restitution of Conjugal Right in various Indian languages

  • Restitution of Conjugal Rights meaning in Hindi – वैवाहिक अधिकारों की बहाली
  • Restitution of Conjugal Rights meaning in Marathi – वैवाहिक हक्कांची पुनर्वितरण
  • Restitution of Conjugal Rights meaning in Telugu – దాంపత్య హక్కుల పునరుద్ధరణ
  • Restitution of Conjugal Right meaning in Tamil – பரஸ்பர உரிமைகள் மறுக்கப்படுதல்
  • Restitution of Conjugal Rights meaning in Malayalam – അവകാശങ്ങൾ പുനഃസ്ഥാപിക്കൽ
  • Restitution of Conjugal Right meaning in Urdu – ازدواجی حقوق میں سے معاوضہ

Restitution of Conjugal Rights As per Section 9 of Hindu Marriage Act

what is Restitution of conjugal rights 

As per Section 9 of the Hindu Marriage Act, 1955, When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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 right(s) 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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

FAQs about Hindu Marriage Act Section 9

  • When to send legal notice under Section 9 of the Hindu Marriage Act?
  • What are the important requisites to be fulfilled for Section 9
  • What is the Format of legal notice under section 9 of Hindu Marriage Act
  • What are the Steps to Draft legal notice under section 9 of the Hindu Marriage Act
  • Reason for Rejection for the petition for Restitution of Conjugal Right
  • How to get relief under section 9 of Hindu marriage act
  • Burden of Proof under Section 9 of Hindu Marriage Act
  • Jurisdiction to file suit under section 9 of Hindu Marriage Act
  • Provision for Maintenance during the pendency of a Suit under Section 9 of the Hindu Marriage Act

When to send legal notice under Section 9 of the Hindu Marriage Act?

Following are the circumstances to fulfil for sending a legal notice under Section 9 of the Hindu Marriage Act.

  • Spouses should not be staying together in the same place.
  • One party must have withdrawn from the society of the other without giving any reasonable reason or excuse.

What are the important requisites to be fulfilled for Section 9

There are three important requisites to be fulfilled for Section 9 of the Hindu Marriage Act.

  • Parties (husband/Wife) must not be staying together.
  • Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
  • The aggrieved party (Husband/Wife) must apply for restitution of conjugal rights.

What is the Format of legal notice under section 9 of Hindu Marriage Act

You can send the legal notice section 9 of Hindu Marriage Act in either English or in any other Indian language which you speak & can understand.

Legal Draft For RESTITUTION OF CONJUGAL RIGHTS
 

IN THE COURT OF THE _______
 

Matrimonial Case No. _______ of 20 _______
 

Shri AA. etc. _______ Petitioner;

 

Versus
 

Smt BB. _______ Respondent.

 

Petition under Section 9 of the Hindu Marriage Act, 1955.
 

The Petitioner, named above, states:

  1. That the petitioner was married to the respondent on _______ at _______ within the jurisdiction of this Court.

  2. That the petitioner and his wife lived last together at _______

  3. That on _______ last the respondent went to her father’s house at _______ . She gave word to return within 15 days, but she did not abide by her word and has not returned so far.

  4. That the petitioner visited to his father-in-law’s house at_______ to bring the respondent, a number of times, but on one pretext or the other, she declined to come along with the petitioner to his house.

  5. That lastly the petitioner visited to the house of the respondent’s father at _______ on _______ and asked the respondent to come back with him, but she refused to come.

  6. That the respondent deserted the petitioner or/and has withdrawn from his company with none affordable or lawful excuse. Hence the necessity for the petition arose.

  7. That the reason of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on _______ when the respondent left for her father’s house at _______ and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company.

That the petitioner claims and prays:

(a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner against the respondent.

(b) Any other relief or reliefs which the court may deem proper under the circumstances be additionally awarded to the petitioner.

Dated. _______sd/- Petitioner.

 

VERIFICATION

I, the abovenamed petitioner, do hereby verify that the contents of this petition in Paras ______________ are true to my personal knowledge and those in Paras Nos______________ are believed by me to be true.
Signed and verified this is applicable  _______ day of _______ 20 _______ at _______ in Civil Court compound.

 

sd/- Petitioner

 


What are the Steps to Draft legal notice under section 9 of the Hindu Marriage Act

Following are the steps to Draft legal notice under section 9 of the Hindu Marriage Act

Note : First, discuss the whole scenario with a lawyer and inform him/her of the incidents with your spouse.

In Legal notice under section 9 of the Hindu Marriage Act, you must include all the relevant information in details along with:

  • Name of the parties,
  • Address of both parties,
  • Date of Marriage,
  • Date of separation
  • Any additional information to finish drafting the legal notice under section 9 of Hindu Marriage Act.
  • Details of Reasons behind sending the notice clearly mentions,
  • Details of All previous communications regarding the cause of notice
  • The lawyer has to sign the notice along with the sender.
  • The modes to send a legal notice are via registered post, speed post or courier, and you should retain its acknowledgement.
  • The lawyer retains the copy of the said notice as well.
  • To offer the addressee/opposite party a reasonable time. This takes usually 15 to 30 days to settle the matter through negotiation.
  • Depending on the grievance, lawyers stress on the need to take action in the stipulated time period, either to fulfil the demand or seek a reply.

Reason for Rejection for the petition for Restitution of Conjugal Right

  • If the respondent has a ground on which he or she can claim any matrimonial relief;
  • If the petitioner is guilty of any matrimonial misconduct;
  • If the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him; for instance, husband’s neglect of his wife or the constant demand for dowry, etc. are some reasonable ground for wife not to join the company of her husband.

How to get relief under section 9 of Hindu Marriage act

According to the Law to get relief under section 9 of Hindu Marriage act, the petitioner has the burden to prove that the respondent has left the petitioner without any reasonable ground.

If the petitioner is successfully able to do burden of proof, then the burden shifts to the respondent. The respondent then needs to prove as to why he/she went away from the petitioner.

Burden of Proof under Section 9 of Hindu Marriage Act

Burden of proof operates at two stages.

Stage 1 :  Burden of proof under Section 9 of Hindu Marriage Act is on the aggrieved/petitioner who needs to prove that the respondent has withdrawn from his society.

Stage 2 : Once that burden is discharged by the petitioner, it falls on the respondent to prove that there exists a reasonable excuse for the withdrawal.

Jurisdiction to file suit under section 9 of Hindu Marriage Act

Jurisdiction to file suit under section 9 of Hindu Marriage Act is In the Civil Court in whose jurisdiction –

  • Where was the marriage of the couple performed?
  • Where do the parties (husband and wife) stay together?
  • The place where the husband and wife last stayed together.

Provision for Maintenance during the pendency of a Suit under Section 9 of the Hindu Marriage Act

Yes; the wife can claim maintenance under Permanent alimony and maintenance – Section 25 of Hindu Marriage Act. This decree, if not obeyed, the court will attach the judgment-debtor’s properties. Further, if this decree isn’t observed for a timeframe of over a year, after the decree date then the divorce ground is created.

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