Section 9 of the Hindu Marriage Act, 1955 says that if either the husband or wife, without any reasonable excuses, withdraw from the society of the other, the aggrieved party may approach Court for restitution of conjugal rights. Section 9 basically is to save a marriage.
The three important requisites to be fulfilled for section 9 are as follows:
1. Spouses must not be staying together
2. There shouldn’t be any reasonable ground for the withdrawal of a party from the other
3. The aggrieved party should apply for restitution of conjugal rights
Restitution of Conjugal Rights can be rejected on the following basis:
1. If the respondent is capable of claiming any matrimonial relief
2. If any matrimonial misconduct has been committed by the petitioner
3. If it makes the respondent impossible to stay with the petitioner due to his actions
The primary burden to prove that the respondent has left him/her is on the petitioner. Once the petitioner has proved it successfully the burden shifts to the respondent to prove that there exists a reasonable ground for him/her for leaving the petitioner’s society.
The complaint can be filed in the civil court in whose jurisdiction:
1. The parties marriage was performed at
2. The married couples stay together or,
3. Where the husband and wife last stayed.
Click on the following link to know more about the process and documents needed for filing a petition for restitution of conjugal rights Get help with restitution of conjugal rights
In case the lower court denies the restitution of conjugal rights the aggrieved party can file an appeal to the High Court.
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