Restitution of conjugal rights
Section 9 of the Hindu marriage Act, 1955 provides for 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 When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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. The existence of a valid marriage is an essential requisite for a decree under this section. The burden of proof lies on the party, which seeks a decree for restitution of conjugal rights.
Failure to render conjugal duties, refusal to stay together or of marital intercourse with the other spouse, would normally constitute withdrawal from the society of the other spouse. If either of the parties has a reasonable excuse in withdrawing from the other’s society, then a decree cannot be passed for restitution. What is a reasonable cause, would vary with time and circumstances, and will have to be determined by the court, in each individual case. Impotency of the husband affords a reasonable cause for the wife to stay away from him. Further cruelty, mental or physical, on the part of one spouse will be a reasonable excuse, for withdrawal from his or her society.