What is restitution of conjugal rights? Section 9 of The Hindu Marriage Act 1955. What is Judicial Separation? Section 10 of The Hindu Marriage Act 1955.

 

Either the husband or wife has withdrawn from the Society of other, the aggrieved party has the right to apply in the district court for restitution of conjugal rights. The provision related to restitution of conjugal rights is in Section 9 of this Act. The Provisions are.

 

 

Section 9 of The Hindu Marriage Act 1955 - 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When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

 

Section 10 of the Hindu Marriage Act 1955 - Judicial Separation

Either party to a marriage can file petition praying for decree of Judicial separation on any of the grounds specified under Section 13(1) of the Act.

 

Judicial separation

10 (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any of the grounds might have been presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statement made in such petition, rescind the decree if it considers it just and reasonable to do so.

 

 

 

The Hindu Marriage Act 1955 Law relating to marriage among Hindus

 

 

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