Section 9 of the #Hindu #Marriage Act, 1955 #Restitution #of #Conjugal #Rights#india #love

Section 9 of the #Hindu #Marriage Act, 1955 deals with the #Restitution of Conjugal #Rights (RCR). It provides a legal remedy for a #spouse who has been deserted by their partner without a valid reason. #Key Provisions: The section allows an aggrieved spouse to petition the District Court if their partner withdraws from their companionship without a reasonable excuse. The #court, if satisfied with the #petition's truth and finding no legal bar, may #order the other spouse to #resume cohabitation. The petitioner must #first prove withdrawal from society, after which the burden of proof shifts to the other spouse to show a "reasonable excuse". #Essential Requirements: To obtain a decree under Section 9, a valid marriage must exist, one spouse must have withdrawn from the society of the other without a reasonable excuse, and there must be no legal grounds to deny the relief. Enforcement and Consequences While a court cannot physically force cohabitation, the decree can be #enforced through attachment of property or periodic payments under Order 21 #Rule 32 of the CPC. Non-compliance with the decree for one year or more can serve as a ground for divorce under Section 13(1A)(ii). A Section 9 decree does not preclude a spouse from seeking maintenance under Section 125 of the CrPC if needed. #Constitutional Validity Section 9 has faced constitutional challenges concerning the Right to #Privacy and #Article 21. While an earlier High Court ruling (T. Sareetha vs. V. Venkata Subbaiah) found it unconstitutional, the Supreme Court upheld its validity in Saroj Rani vs. Sudarshan Kumar Chadha (1984). As of #2025, new challenges to its constitutionality are under #judicial consideration.