Section 9 of the Hindu Marriage Act, 1955, addresses the restitution of conjugal rights, providing a legal remedy when one spouse withdraws from the society of the other without reasonable cause. In such cases, the aggrieved party may petition the district court for restitution. Suppose the court is satisfied with the truth of the statements made in the petition and finds no legal grounds to refuse the application. In that case, it may decree restitution of conjugal rights accordingly.
Essential Elements of Section 9:
- Valid Marriage: The marriage between the petitioner and respondent must be legal and subsisting.
- Withdrawal from Society: The respondent has withdrawn from the society of the petitioner without reasonable cause.
- Court Satisfaction: The court must be convinced of the truthfulness of the petitioner’s statements.
- No Legal Grounds for Refusal: There should be no legal reasons to deny the decree.
Burden of Proof:
Initially, the petitioner must prove that the respondent has withdrawn from their society. Subsequently, the burden shifts to the respondent to demonstrate a reasonable excuse for the withdrawal.
Constitutionality and Judicial Precedents:
The constitutionality of Section 9 has been challenged, particularly concerning its compatibility with Article 21 of the Indian Constitution, which guarantees the right to personal liberty and privacy. In Saroj Rani vs. Sudarshan Kumar Chadha (1984), the Supreme Court upheld the validity of Section 9, stating that its objective is to offer an inducement for the spouses to live together and does not force an unwilling spouse into a sexual relationship.
In summary, Section 9 of the Hindu Marriage Act, 1955, provides a legal mechanism for the restitution of conjugal rights, aiming to protect the institution of marriage while balancing individual rights and freedoms.
What is Section 9 of Hindu Marriage Act, 1955
9. Restitution of conjugal rights.-
(1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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 rights accordingly.
(2) Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce.
