RIGHT TO SEEK RESTITUTION
OF CONJUGAL RIGHTS
If the husband has deserted
the wife and vice versa without any
valid reason and does not fulfill the marital obligations, he/she can be
ordered by the court to join back his/her family.
An application can be filed
before the concerned jurisdictional Hon’ble Court under Section 9 of The Hindu
Marriage Act, 1955 for restitution of conjugal rights.
THE HINDU MARRIAGE ACT,
1955
SECTION 9 RESTITUTION OF
CONJUGAL RIGHTS:
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the wife has, without reasonable excuse, withdrawn from the society of the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.
Explanation: Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.