minakshi bindhani
18 September 2021
As per your query
Under section 9 of the Hindu Marriage Act, a spouse has left the other without any reasonable excuse to return. An aggrieved party may apply for restitution of the conjugal rights whereas a legal notice is to be served to the other party and after the court passed a decree for restitution of conjugal rights
However, there is another way out, if the decree of conjugal rights is not honoured for more than one year after the date of the decree, then it becomes the ground for divorce. In this case, the aggrieved party may directly request divorce before the court.
Hope it clarifies the issues!
Regards
Minakshi Bindhani