Section 9 of Hindu Marriage Act, 1955
π§Ύ Section 9 β Restitution of Conjugal Rights
Hindu Marriage Act, 1955
π Text of the Section (Simplified):
When either the husband or the wife has, without reasonable cause, withdrawn from the society of the other, the aggrieved party may apply to the district court for restitution of conjugal rights. If the court is satisfied that the allegations are true and there is no legal ground for refusal, it may decree restitution of conjugal rights.
π Meaning of βRestitution of Conjugal Rightsβ
βConjugal rightsβ refers to the right to companionship, cohabitation, and marital relations between spouses.
When one spouse leaves or deserts the other without a valid reason, the other spouse can approach the court seeking an order to restore the marital relationship.
π§ββοΈ Essential Conditions for Filing a Petition:
To obtain relief under Section 9, the aggrieved spouse must prove:
The other spouse has withdrawn from their company (i.e., not living together).
The withdrawal was without reasonable cause.
The court is satisfied that the marriage is valid and there is no legal ground to deny relief.
π Key Features:
| Feature | Explanation |
|---|---|
| Who can file? | Either husband or wife |
| Relief sought | Order to resume marital relationship |
| Where to file? | District Court under Hindu Marriage Act |
| Burden of proof | Lies on the petitioner to show unlawful withdrawal |
| Valid only for existing marriages | Must be a legally valid Hindu marriage |
π§ Example:
If a wife leaves her husband's home without any valid reason (e.g., no cruelty, no mistreatment), the husband can file a Section 9 petition seeking a court order directing her to return and resume marital life.
βοΈ Important Case Law:
1. Swaran Lata v. Harbhajan Singh (AIR 1969 P&H 304)
Court held that mere differences do not justify living apart unless valid legal reasons are shown.
2. Saroj Rani v. Sudarshan Kumar Chadha (AIR 1984 SC 1562)
Supreme Court upheld the constitutional validity of Section 9 and ruled that restitution of conjugal rights is not unconstitutional or a violation of privacy.
𧩠Controversy & Criticism:
Critics argue that Section 9 violates individual autonomy and privacy.
Feminist legal scholars say it can be used to coerce women back into abusive marriages.
However, courts have emphasized that enforcement of the decree cannot force physical relations.
π« When Court May Deny Relief:
The court may refuse to grant restitution if:
The marriage is void or voidable.
The respondent (withdrawing spouse) had reasonable ground (e.g., cruelty, desertion).
There is any legal bar (e.g., pending divorce, non-consummation).
β Summary Table
| Element | Section 9: Restitution of Conjugal Rights |
|---|---|
| Purpose | To restore marital cohabitation |
| Who can file | Aggrieved husband or wife |
| Nature of remedy | Civil; not enforceable by force |
| Conditions | Withdrawal without reasonable cause |
| Court | District Court |
| Enforceable via | Execution under CPC (Civil Procedure Code) |
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