Section 9 (HMA 1955) – Restitution of Conjugal Rights

HINDU MARRIAGE ACT, 1955

Section 9 – Restitution of Conjugal Rights

🔹 Short Note (Hindi)

Agar husband ya wife bina kisi valid reason ke apne life partner se door chala jata hai ya rehna band kar deta hai, to doosra partner court me case file karke usse wapas saath rehne ke liye keh sakta hai.
Isse kehte hain — Restitution of Conjugal Rights.

🔹Detailed Explanation (English + Hindi)

Under Section 9 of the Hindu Marriage Act, 1955, if either spouse withdraws from the society (matrimonial life) of the other without reasonable cause, the aggrieved spouse can approach the District Court for a decree of Restitution of Conjugal Rights.

Simply put, this law helps one spouse legally request the other to return to marital life — to live together, fulfill emotional, physical, and social marital duties.

Court checks whether:

• Marriage is valid under the Act.
• Withdrawal was without reasonable cause.
• There is no other legal ground preventing restitution (like cruelty, threat, etc.).

If the court is satisfied, it orders the respondent (husband/wife) to resume cohabitation.

🔹Important Points

1. Who Can File:
   Either husband or wife whose partner has left without valid reason.
2. Court Jurisdiction:
   District Court where marriage took place, or where they last lived together.
3. Essential Conditions:
   • Valid marriage
   • One spouse withdrawn without reason
   • Aggrieved spouse desires to resume living together
4. Non-Compliance:
   If after court order, partner still doesn’t return within 1 year, this becomes a valid ground for divorce under Section 13(1A).
5. Purpose:
   To protect marital harmony and prevent unjustified separation.

🔹Landmark Case

Smt. Saroj Rani v. Sudarshan Kumar Chadha (1984)
Supreme Court held that Section 9 is constitutionally valid and promotes reconciliation between spouses.
Court clarified that it’s not a violation of privacy or personal liberty.

🔹Example (Simple Understanding)

Suppose Neha and Arjun are married.
Neha leaves the matrimonial home without any reason and refuses to come back.

🔹Arjun can file a petition under Section 9 in District Court asking for a decree of Restitution of Conjugal Rights.
If the court finds Neha’s reason invalid, it can order her to live with Arjun again.

🔹Nyay Neeti Advice

Section 9 ka purpose punishment nahi, balki reconciliation hai.
Agar misunderstanding ya ego ke chakkar me couple alag ho gaya ho, to ye law unhe wapas ek chance deta hai saath rehne ka.
Par agar relationship me abuse, violence ya cruelty hai — to iss section ka misuse nahi karna chahiye.
Court hamesha “reasonable cause” dekhta hai.

🔹Summary Table