Section 9 Of the Hindu marriage act 1955 and the conjugal rights it provides to married partners

• Section 9 of Hindu Marriage Act 1955 is meant to protect marriages from breaking on flimsy grounds
  
  
• This section seeks to safeguard conjugal rights as it will prevent a person from staying away from the married partner without any valid reasons.
  
  
• Here are a few FAQs on the said article to highlight how the section seeks to safeguard Hindu marriages.

What is Section 9 of the Hindu Marriage Act 1955?

Dealing with the restitution of conjugal rights, Section 9 of the Hindu Marriage Act will restore the marital union if any one of the partners has withdrawn from the society of the other without any reasonable excuse. In this regard, the burden of giving an acceptable excuse will rest on the person withdrawing from the society.

What is conjugal right?

Conjugal right means the right to stay together by virtue of entering into a marital bond with the life partner.

How to restore conjugal rights?

As per Section 9 of the Hindu Marriage Act 1955, the affected person can approach the court for restitution conjugal rights if either the husband or wife withdraws from the society without reasonable excuses.

How to apply Section 9 of the Hindu Marriage Act 1955 in dealing with a partner’s withdrawal?

The term conjugal rights can be placed against any of the married partners in the event of the said partner staying away from the party without a proper reason. In the event of the suit succeeding, the couple will have to stay together.

What are the requisites for the fulfillment of Section 9?

a) The spouses must not be found staying together.

b) The party who has withdrawn from the union must have done so on unacceptable grounds.

c) The aggrieved party must have applied for restituting the conjugal rights.

On what grounds can the petition for the restitution of conjugal rights be declined?

The petition for the restitution of conjugal rights can be rejected under the following conditions.

a) The respondent is capable of demanding matrimonial relief.

b) The petitioner admits to having resorted to any matrimonial misconduct.

c) The petitioner’s behavior makes it tough for the respondent to stay with him or her.

What obligations are contained in Section 9 of the Hindu Marriage Act 1955?

In the first place, the person making the petition must prove that the respondent has left him or her. Once this is done, the responsibility shifts to the respondent to prove that there had been an acceptable ground to support leaving the petitioner’s society.

How can the aggrieved party can exercise the rights provided by section 9 of the Hindu Marriage Act?

The aggrieved person needs to file a petition in the district court. If the court is satisfied with the contentions made by the petitioner and is convinced that there are no grounds on which the petition should be declined, it will act in the favor of the aggrieved party and decree restitution.