My husband has filed section 9 against me. Please inform what is secti

538 votes

Dear Madam,
Section 9 is nothing but restitution of conjugal rights that is your husband demanding you to return to his house. You may oblige it or protest it. You may also file dowry case under Section 498A IPC r/w Section 3 and 4 of Dowry Prohibition Act so that he will come to terms.
========================================================================
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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. 8 [ 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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Advocate Kishan Dutt Kalaskar LawRato

519 votes

Hi,

Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

Section 9 is to save marriage.

The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.

Please contact us for any further assistance without any service charges.

Advocate Rajesh Kumar K LawRato

158 votes

Section 9 of the Hindu Marriage Act, 1955, deals with restitution of conjugal rights. It's important to understand the implications of this legal provision:

1. Objective of Section 9: Section 9 aims to provide a legal remedy to spouses who wish to cohabit and live together in a marital relationship. If one spouse withdraws from the company of the other without reasonable justification, the aggrieved party can seek restitution of conjugal rights under this section.
2. Procedure for Filing Section 9:
   • Either the husband or the wife can file a petition in the appropriate court seeking restitution of conjugal rights.
   • The petition should state the reasons for seeking restitution and the desire to live together as a married couple.
   • The court will then issue a summons to the respondent (the other spouse) to appear and respond to the petition.
3. Advantages of Section 9:
   • It provides a legal avenue for couples to attempt reconciliation and continue their marital relationship.
   • It can be seen as a step towards resolving marital disputes and misunderstandings.
4. Disadvantages of Section 9:
   • It may not be effective if one spouse is unwilling to reconcile, as the court cannot force the parties to live together.
   • It may not address underlying issues causing marital discord, and the relationship may not necessarily improve.
5. Court's Decision: The court will consider the evidence and arguments presented by both parties. If it is satisfied that there is no legal ground for denying the relief of restitution of conjugal rights, it may pass a decree directing the respondent to cohabit with the petitioner.
6. No Compulsion to Live Together: It's important to note that even if a court issues a decree for restitution of conjugal rights, it cannot compel the parties to live together. The decree merely provides a legal basis for reconciliation, but the success of the reconciliation depends on the willingness of both spouses.

In summary, Section 9 of the Hindu Marriage Act allows spouses to seek restitution of conjugal rights, but its effectiveness depends on the willingness of both parties to reconcile. It can be a means to address marital issues, but it does not guarantee a successful reconciliation.

Advocate Chikirsha Mohanty LawRato

311 votes

Section 9 of the Hindu Marriage Act has some drawbacks. It encourages forced cohabitation.

Advocate Chikirsha Mohanty LawRato