Phone : +917210794950
Restitution of Conjugal Rights Hindu Marriage Act 1955
Restitution of Conjugal Rights Hindu Marriage Act 1955
Section 9 of the Hindu Marriage Act, 1955, deals with the restitution of conjugal rights. It allows either spouse to file a petition in court if the other has withdrawn from the marital home without reasonable cause or consent. The purpose of this provision is to encourage reconciliation and restore the marriage by legally compelling the spouse who has abandoned the relationship to return to the marital home. Adv. Anupama Sharma explains that while Section 9 aims to preserve the sanctity of marriage, it is not an automatic guarantee that the estranged spouse will return, but rather a step to seek redress in cases of unjustified separation.
If the petition under Section 9 is granted, the court may issue a decree of restitution of conjugal rights, compelling the other spouse to cohabit and resume marital relations. However, Adv. Anupama Sharma further clarifies that if the spouse continues to refuse without any justifiable reason, the other party may seek a divorce on the grounds of desertion after a certain period of time.
Anupama Sharma & Associates.All Rights Reserved © 2025
