Hindu Marriage Act,1955

Act No : 25

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Section : Restitution of conjugal right.

9. Restitution of cojugal right. 1*** When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being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. ---------------------------------------------------------------------- 1 The brackets and figure "(1)" omitted by Act 68 of 1976, s. 3. ---------------------------------------------------------------------- 156 1[Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of prov- ing reasonable excuse shall be on the person who has withdrawn from the society.] 2* * * * *

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Ajay Singh wrote on 07 December 2023

wife has filed a case aginst her husband under sec 498A and also claim for maintenance too but her husband filed a petition on her in other district court under sec 9 of HMA what she can do now ?

Prakash Yedhula wrote on 02 May 2009

In case there is no proper explanation as regards delay in filling the petition of restitution of conjugal rights, application should be regarded as unnecessary and improper- G. .Ramakrishna Pillai v. J.Vijaya Kumari Amma AIR 1990 Ker 55.

Prakash Yedhula wrote on 02 May 2009

Where the husband makes the allegation of unchastity so that she is returned to her matrimonial home, and the allegation is not found to be baseless, it was held that this has to be considered along with the persistent refusal of the wife to stay with the husband. In the instant case, the petition moved by the wife for restitution of conjugal rights was not granted.-Ammini.V Kuttappan 1990(1) HLR 454

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