Restitution of Conjugal Rights Petition under Section 9 HMA
Section 9 of the Hindu Marriage Act, 1955 permits an aggrieved husband or wife to seek restitution of conjugal rights where the other spouse has withdrawn from his or her society without reasonable excuse. The petition is filed before the competent District Court having jurisdiction under Section 19 of the Act.
Section 9 of the Hindu Marriage Act, 1955
Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights. In substance, where either spouse has withdrawn from the society of the other without reasonable excuse, the aggrieved spouse may petition the District Court for restitution of conjugal rights. The court may grant a decree if it is satisfied about the truth of the petition and finds no legal ground for refusing relief.
"Withdrawal from the society" is broader than merely living at a different address. The petition should disclose facts showing that matrimonial cohabitation and consortium have been withdrawn without a legally reasonable justification. The court will consider the circumstances of both spouses before deciding whether restitution should be granted.
Essential requirements for an RCR petition
Where can a Section 9 petition be filed?
Section 19 of the Hindu Marriage Act governs territorial jurisdiction. Depending on the facts, a petition may be presented to the District Court within whose local limits the marriage was solemnized, the respondent resides at the time of presentation, or the parties last resided together. Where the wife is the petitioner, the Act also permits filing where she is residing on the date of presentation. Additional jurisdictional situations specified in Section 19 should be checked where applicable.
The petition should also comply with Section 20 HMA, which requires the material facts supporting the relief to be stated distinctly and, except in a petition under Section 11, a statement that there is no collusion between the petitioner and the other party to the marriage.
Specimen petition for restitution of conjugal rights
The following specimen retains the substance of the original format but uses neutral placeholders so that it can be adapted for either spouse. Case-specific facts, local Family Court or District Court rules, court-fee requirements and supporting documents must be verified before filing.
IN THE COURT OF THE _____________ JUDGE / FAMILY COURT AT _____________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
Mr./Ms. ____________________
S/o / D/o / W/o ____________________
Resident of ________________________________
PETITIONER
VERSUS
Mr./Ms. ____________________
S/o / D/o / W/o ____________________
Resident of ________________________________
RESPONDENT
PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 FOR RESTITUTION OF CONJUGAL RIGHTS
MOST RESPECTFULLY SHOWETH:
1. That the marriage between the Petitioner and the Respondent was solemnized on __________ at __________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of Marriages at __________, if applicable. A copy / certified extract of the marriage certificate or registration record is annexed as Annexure P-1.
2. That the status and places of residence of the parties before the marriage and at the time of filing the present petition are as follows:
(i) Residence of the Petitioner before marriage: ________________________________
(ii) Residence of the Respondent before marriage: ________________________________
(iii) Present residence of the Petitioner: ________________________________
(iv) Present residence of the Respondent: ________________________________
3. That from the marriage, the parties have been blessed with the following child / children, if any: ________________________________.
4. That after marriage the parties resided together at ________________________________. On __________ the Respondent left the matrimonial home / withdrew from the society of the Petitioner and began residing at ________________________________.
5. That according to the Petitioner, the Respondent has continued to remain away from the matrimonial society of the Petitioner without reasonable excuse. The material circumstances relating to such withdrawal are as follows: ________________________________.
6. That the Petitioner made bona fide efforts on __________, __________ and __________ to request the Respondent to resume matrimonial cohabitation, including by ________________________________, but the Respondent did not return / resume cohabitation.
7. That lastly, on __________, the Petitioner requested the Respondent to resume matrimonial life, but the Respondent declined / failed to do so for the reasons stated by him / her, namely ________________________________.
8. That the Petitioner states that the Respondent has withdrawn from the society of the Petitioner without reasonable excuse and that the Petitioner is ready and willing to resume matrimonial life in accordance with law.
9. That the present petition is not being presented in collusion with the Respondent.
10. That the petition is being presented without unnecessary or improper delay on the part of the Petitioner.
11. That there is no legal ground why the decree of restitution of conjugal rights should not be granted in favour of the Petitioner.
12. That the details of previous or pending litigation, if any, between the parties are as follows: ________________________________. If none, the Petitioner states that there is no previous or pending matrimonial litigation between the parties.
13. That this Hon'ble Court has territorial jurisdiction under Section 19 of the Hindu Marriage Act, 1955 because ________________________________ [state the applicable jurisdictional ground, such as place of marriage, respondent's residence, place where the parties last resided together, or the wife's present residence where she is the petitioner].
14. That the cause of action for the present petition arose on __________ when the Respondent withdrew from the society of the Petitioner and continued thereafter when the Respondent declined to resume matrimonial cohabitation despite requests made on __________.
PRAYER
In view of the facts and circumstances stated above, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:
(a) pass a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 in favour of the Petitioner and against the Respondent; and
(b) grant such other or further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
PETITIONER
THROUGH
____________________, Advocate
Place: ____________
Date: ____________
Verification
VERIFICATION
I, the above-named Petitioner, do hereby verify that the contents of paragraphs ______ to ______ of the above petition are true to my personal knowledge and the contents of paragraphs ______ to ______ are based on information believed by me to be true and correct.
Verified at ____________ on this ______ day of ____________, 20__.
PETITIONER
This specimen is for drafting guidance. The petition should be adapted to the facts, the applicable Family Court / District Court rules, local filing practice and any connected proceedings between the parties.