Restitution of Conjugal Rights in Hindu Marriage Act
July 11, 2023By Advocate Chikirsha Mohanty हिंदी में पढ़ें
Table of Contents
- Restitution of Conjugal Rights in Hindu Marriage Act
- Three essential conditions for Section 9 of HMA
- How to get your spouse to live with you again?
- Restitution of Conjugal Rights for different religions:
- You will not be granted Restitution of Conjugal Rights if-
- How to file for Restitution of Conjugal Rights?
- How can a Lawyer help you?
Restitution of Conjugal Rights in Hindu Marriage Act
Conjugal rights are the sexual rights and privileges implied by and involved in a marital relationship. The Hindu Marriage Act, 1955 (HMA) gives a remedy under Section 9 for restitution of conjugal rights if a person's spouse has left without giving any reasonable grounds, i.e. when either the husband or the spouse has, without a reasonable excuse, withdrawn from the society of other, the aggrieved party may apply for restitution of conjugal rights.
The party in distress can file a petition to the respective district court after which the court records the statements of both parties made in the petitions and if the court finds no legal ground as to why the application should not be granted, the judge may decree restitution of conjugal rights in the aggrieved’s favor.
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Three essential conditions for Section 9 of HMA
Firstly, one party must have withdrawn from the society of the other; secondly, the withdrawal must be without any reasonable reason, and thirdly, the aggrieved party applies for the restitution of conjugal rights.
Once these conditions are fulfilled, the district court may decree of restitution of conjugal rights to bring about cohabitation between the estranged parties.
If the court is not convinced and finds the petitioner guilty then the decree of restitution of conjugal rights is not granted.
If the parties are not following the decree for cohabitation after the passing of the decree, continuously for about a year, it becomes a ground for divorce under Section 13 .
How to get your spouse to live with you again?
If your spouse has-
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deserted or abandoned you willingly, or
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lives separately without any reasonable excuse, or
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denies you his/her company, or
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does not stay with you for a reasonable amount of time,
You may file for Restitution of Conjugal Rights at the district family court and if the court is satisfied, it may order your spouse to stay with you. And if your spouse does not follow the court orders of staying with you, it can attach and sell your spouse’s property under Order 21 Rule 32 of the Civil Procedure Code (CPC).
Consult: Top Divorce Lawyers in India
Restitution of Conjugal Rights for different religions:
If the religion of the couple is-
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Muslim - Section 32 of the Indian Divorce Act, 1869
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Christianity - Section 33 of the Indian Divorce Act, 1869
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Parsi - Section 36 of the Paris Marriage and Divorce Act, 1936
If the couple comprises of different religions, it shall fall under section 22 of the Special Marriage Act.
You will not be granted Restitution of Conjugal Rights if-
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If your spouse has a reasonable ground for abandoning you like-
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Completing studies or
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Due to transfer in service
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If your spouse has a ground for divorce
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If you are guilty of any matrimonial misconduct;
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If you are guilty of any conduct which makes it impossible for your spouse to live with you. For e.g. - You neglect your wife or You constantly demand dowry.
The burden of proof is on the spouse who is filing for the restitution. After you have proved your part, your spouse gets a chance to present any reasonable cause for separation.
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How to file for Restitution of Conjugal Rights?
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File a petition of restitution of conjugal rights at the district family court where you and your spouse were residing after marriage.
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Send a copy of the petition to your spouse with a hearing date, fixed by the court.
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Both you and your spouse must be present in the court on the date of hearing as decided by the court; otherwise, the Court can pass an ex parte decree (order passed against the spouse who is absent).
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The court often sends the spouses for court counseling which approximately takes a time of 4 months.
Further, the judge listens to both sides and takes considerations from your counseling sessions, and after being satisfied grants restitution for conjugal rights to the spouses.
How can a Lawyer help you?
Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. A divorce lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible.
These guides are not legal advice, nor a substitute for a lawyer
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