Restitution of conjugal rights.
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-As per section 9 of The Hindu Marriage act, 1955:- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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 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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
The meaning of Restitution of Conjugal Rights: Either husband or wife has without reasonable excuse withdrawn from the society of other, the aggrieved party, may approach the court for ‘Restitution of Conjugal Rights’ and the court on being satisfied on the truth of the statement in such petition may grant decree for ‘Restitution of Conjugal Rights’.
-> In case, husband or wife lives separately, then they can avail Conjugal Rights.
-> In case, if there was any valid reason to live separately, then they cannot avail Conjugal Rights Case
Who can file for it?
According to Section 9 of Hindu Marriage Act, 1955 says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
There are 3 important requisites to be fulfilled for Restitution of conjugal rights (Section 9 )
- Husband and wife must not be staying together.
- Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
- The aggrieved party must apply for restitution of conjugal rights under section 9.
Grounds of Petition rejected
- If the respondent is eligible of claiming any matrimonial relief.
- If the petitioner confession that he has committed any matrimonial misconduct.
- If the petitioner’s action makes it impossible for the respondent to stay with him.
- If the Husbands and wife needs to stay separately for the purpose of employment
Where to complaint on this?
In the Civil Court in whose jurisdiction –
- The parties’ marriage was performed.
- The Couple (husband and wife) stay together.
- The Couple (husband and wife) last stayed.
During this period (decree of restitution of conjugal rights) whether the wife can ask for maintenance?
Yes; the wife can claim maintenance under Section 25 of Hindu Marriage Act 1955. This decree, if not obeyed, the court will attach the judgment-debtor’s properties.
Further, if this decree is not observed for a time frame of more than a year, after the decree date then the divorce ground is created.
Constitutional Validity of Section
There has been a lot controversy regarding the constitutional validity of section 9 of the Hindu Marriage Act, 1955 for the reason that it gives unbridled powers to the husband as against the wife in terms of matrimonial relief, especially the right to enforce restitution of conjugal rights. The provision for restitution of conjugal rights has been provided to preserve the marriage as far as possible by enabling the court to intervene and enjoin upon the withdrawing spouse to join the other.
The desirability and constitutional vires of this provision as noted above, has been a subject of debate ever since the decision of the Andhra Pradesh High Court in T.Sareetha v.T.Venkatta Subbaiah, AIR 1983 AP356 declaring section 9 of the Hindu Marriage Act, 1955 was challenged before the court as being violative of Article 21 and Articles 14 of India Constitution. And as ultra vires of Articles 14 & Article 21 of the constitution. The Delhi High Court on the other hand, declaring the provision as intra vires in a subsequent case, namely, Harvinder Kaur v.Harmander Singh (AIR 1984 Del 66) . The controversy was set at rest by the Supreme Court in Smt.Saroj Rani v. Sudarshan Kumar Chaddha (AIR 1984 SC 1562) wherein it was held that there was nothing unconstitutional about the hindu marriage act section 9.