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Either the husband or wife has withdrawn from the Society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excuse, withdrawn from the society of the other, the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who has withdrawn from the society.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
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.
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.