17/04/2020
Law of Restitution CONJUGAL RIGHTS– Section 9, Hindu Marriage Act
conjugal rights
Marriage is considered to be a pious affair and when a marriage breaks down, it is considered to be breaking of a sacrosanct bond. For instance – If one spouse decides to leave the company of the other spouse without any reasonable justification, then the aggrieved spouse could file an application of restitution of conjugal rights in the court of law.
Conjugal Rights Definition
Conjugal rights primarily mean the right to stay and reside together as spouses. Restitution means restoring something that has been taken from a person unlawfully. Restitution of conjugal rights, thus, means the restoration of cohabitation and conjugal relations between the husband and wife by way of legal interference. The remedy of restitution of conjugal rights is given, then the spouse living separately has to compulsorily come and reside with the other spouse.
An application Section 9 of the Hindu Marriage Act, 1955. An RCR petition under Section 9 can save the marriage before its final breakdown.
To file a petition for restitution of conjugal rights, it is necessary that the following conditions are met:
The spouses must be living separately without any reasonable justification for the same.
The affected spouse must have filed for restitution of conjugal rights.
Restitution of Conjugal Rights – Grounds For Rejection of Petition
A petition for restitution of conjugal rights can be rejected by the court in any of the following cases:
When the spouse filing the petition has committed any matrimonial misconduct.
When the respondent can claim any other matrimonial relief. Besides this.
When the actions of the spouse are such that it is impossible for the couple to live or reside together.
Filing Petition of Conjugal Rights Under Section 9 of HMA
A petition for restitution of conjugal rights can be filed with a Family court that has jurisdiction over the area where-
The marriage ceremony was performed.
The husband and wife used to reside together.
The wife is currently residing.
An application is filed by the aggrieved spouse with the court having appropriate jurisdiction. The burden to prove that the spouse has left without any reasonable excuse lies on the aggrieved spouse.
The petition is evaluated by the court and if the court finds it to be valid then the court calls the other party to appear before it to present his/her side of the story/case.
After hearing both the sides and examining the facts and evidence presented before the Family Court, the court may order for restitution of conjugal rights by the way of attachment of the opposite spouse’s property if it comes to that. If the spouse fails to honor the decree of restitution of conjugal rights given by the Family Court, for a period of more than one(1) year, the aggrieved party gets a valid ground to file a divorce against him/her.
The aggrieved wife who does not want judicial separation can claim maintenance under Section 25 of the Hindu Marriage Act, 1955 without the need to file a separate maintenance petition. If the wife is unable to maintain herself during the case proceedings, then the wife can claim maintenance for herself and her children.
For Matrimonial/Divorce Related Disputed in Ghaziabad you can contact –
Advocate Shashi Kant Bhati
Office – Chamber No.973, District & Sessions Court, Ghaziabad.
Mobile – +91-9457177171
