HMA Sec. 9: Restitution of Conjugal Rights Case | Best Lawyer

Conjugal right means the right to stay together by virtue of entering into a marital bond with the life partner. Restitution means to restore something in original form. Therefore, Restitution of Conjugal Rights means to reunite the couple in marital bond after their separation.

Section 9 of Hindu Marriage Act, 1995- Restitution of Conjugal Rights :

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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. 

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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

A man who has been unjustly separated from his wife may seek restitution of conjugal rights by filing a case known as “Restitution of Conjugal Right (RCR) Case”. However, the Court cannot enforce such an order. The Court cannot force two people to live together as husband and wife.

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