The Hindu Marriage Act, 1955 in its Section 9 provides for the restitution of conjugal rights. Conjugal right is a matrimonial right which husband and wife have to each other’s society, comfort and affection. It is, indeed, one of the express conditions of the nuptial vow that each party is to become life associate of the other and enjoy the pleasures and consortium of each other. Section 9 runs as under:
Image Source: i.ytimg.com
“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights and the court, on being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.”
ADVERTISEMENTS:
Thus under sub-section (1) of Section 9, the husband or the wife may get a decree for restitution of conjugal rights, where the wife or the husband, as the case may be:—
(a) Has withdrawn from the society of the other,
(b) Without reasonable excuse,
(c) The court is satisfied of the truth of the statements made in the petition, and
ADVERTISEMENTS:
(d) There is no legal ground why the application should not be granted.
The explanation added to the section provides that where a question arises whether there has been reasonable excuse for withdrawal from society, the burden of proving reasonable excuse shall be on person who has withdrawn from the society.
Originally there was sub-section (2) also but the same was omitted by Marriage Laws (Amendment) Act, 1976.