Section 9 Restitution Of Conjugal Rights
Section 9 the hindu marriage act 1955.
Section 9 restitution of conjugal rights. But if any of the partner leaves the other without any reasonable or sufficient cause then the aggrieved party can knock the doors of the court to seek justice. Section 9 in the hindu marriage act 1955. B any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
An rcr petition under section 9 can save the. 9 restitution of conjugal rights. 7 when either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court on being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.
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. The aggrieved party husband wife must apply for restitution of conjugal rights. Due to these circumstances the hindu marriage act 1955 provides for the restitution of conjugal right under section 9.
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 of conjugal rights is the only matrimonial remedy available is restitution 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.
An application section 9 of the hindu marriage act 1955. Conditions for filing a complaint under section 9 of hindu marriage act. What are the important requisites to be fulfilled for section 9 parties husband wife must not be staying together.
The remedy of restitution of conjugal rights is given then the spouse living separately has to compulsorily come and reside with the other spouse. 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. Withdrawal of a party from the other must have no reasonable ground for such withdrawal.