Restitution Of Conjugal Rights Section 9

B any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

Restitution of conjugal rights section 9. Hindu marriage act 1955 sections 9 13 1 ia 13 1 ib 13 1 iii restitution of conjugal rights cruelty desertion mental illness unsound mind grant of divorce respondent wife alleged to be suffering from schizophrenia independent evidence of doctor giving treatment to respondent wife no reason to disbelieve appellant husband that he cannot reasonably be expected to live with wife parties living separate since 2014 appellant husband. Due to these circumstances the hindu marriage act 1955 provides for the restitution of conjugal right under section 9. Restitution of conjugal rights in hindu marriage act.

9 restitution of conjugal rights. What are the important requisites to be fulfilled for section 9 parties husband wife must not be staying together. The section 9 of the hma reads that when either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply for restitution of conjugal rights.

If your spouse has left you without giving any reasonable ground the hindu marriage act 1955 gives you remedy in the form of section 9 under the restitution of conjugal rights. Restitution means restoring something that has been taken from a person unlawfully. When either the husband or wife withdraws from the society of the other without any reasonable excuse the aggrieved spouse has the option to approach the court for restoration of conjugal rights.

Section 9 of the hindu marriage act encompasses the provision for the restitution of conjugal rights according to which if either of the spouses withdraws themselves from the society of the other without reasonable excuse the other party which is aggrieved has a legal right of filing a petition demanding for the restitution of conjugal rights. The aggrieved party husband wife must apply for restitution of conjugal rights. 7 when either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court on being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.

Withdrawal of a party from the other must have no reasonable ground for such withdrawal. An application section 9 of the hindu marriage act 1955. The remedy of restitution of conjugal rights is given then the spouse living separately has to compulsorily come and reside with the other spouse.

Restitution of conjugal rights thus means the restoration of cohabitation and conjugal relations between the husband and wife by way of legal interference. A party who wants the other person to fulfil his her conjugal duties toward him her self in hindu marriage may file a complaint in the court under this section. A that a decree for the restitution of conjugal rights be passed in favour of the petitioner against the respondent.