Section 9 of the Hindu Marriage Act
- Rajesh Kumar Kar
- Dec 13, 2025
- 6 min read
Introduction
Conjugal rights refer to the sexual rights and privileges that come with being in a marriage. Under the Hindu Marriage Act of 1955 (HMA), Section 9 offers a remedy for those seeking restitution of conjugal rights if their spouse has departed without cause. It means that if one partner has left the relationship without a reasonable excuse, the other partner can apply to have those rights restored. When someone feels their marital rights are under threat, they can submit a petition to the district court. The court will review the statements from both parties involved. If the judge doesn’t find a good reason to turn down the request, they might rule in favor of reinstating the affected party's conjugal rights.
Table of Contents
What is Section 9 of the Hindu Marriage Act
Section 9 of the Hindu Marriage Act, 1955, focuses on the restitution of conjugal rights. This provision states that if either the husband or wife has left the other’s company without a valid reason, the affected party can approach the District Court to request the restoration of those rights. If the court finds the petition's claims credible and sees no legal barriers to granting it, a decree for the restitution of conjugal rights may be issued. This provision essentially gives the court the power to intervene and help restore the relationship between a husband and wife. It can require the spouse who has withdrawn to return to cohabitation, provided there’s no legitimate reason for their departure.
Restitution of Conjugal Rights
The phrase "restitution of conjugal rights" refers to the reinstatement of the parties' prior marital rights. Section 9 of the Hindu Marriage Act, 1955 (HMA) provides for the restoration of conjugal rights. The purpose of Section 9 is to protect the integrity and legitimacy of the institution of marriage. The injured party may apply to the District Court to have their marital rights restored if the husband or wife disappears from the other partner's business without a good reason. The person withdrawing from the other person's society gets the burden of showing that their decision was legitimate.
Essential Requirement for Seeking Relief under Section 9
Legal marriage is a requirement for the parties.
It is best to keep oneself out of other people's social circles.
There can be no good reason for this withdrawal.
It must be demonstrated to the court's satisfaction that there is no legal basis for rejecting the decree.
Section 9 of the Hindu Marriage Act Advantages
The benefits of section 9 of the Hindu Marriage Act include:
Encouraging Reconciliation: The decree regarding the restitution of conjugal rights motivates both individuals to remain together rather than go their separate ways. This way, they can address their conflicts and learn to coexist. By agreeing to live as a couple, they show their willingness to mend their marriage through collaboration.
Protecting the Rights of Spouses: Once a couple ties the knot, they’re both on equal footing. If one partner chooses to walk away, it can take a toll on their emotional and physical well-being. That’s why a court order to live together serves as a crucial reminder of their responsibilities to one another and the importance of safeguarding their rights within the marriage.
Preserving Matrimony: It is among Section 9's significant benefits. Divorce is avoided at all costs in India since marriage is revered there. The parties get shielded from filing for divorce by allowing them to resume their relationship.
Benefits for the children: When a marriage fails, the children are affected, besides the couple. Observing their parents' separation presents many difficulties for them. If the couple can resolve their disagreements and make amends, the children can be emotionally protected.
Legal Recourse: In a marriage, two families come together. Families might therefore attempt to assist the couple when there are marital disagreements. However, in the event of conjugal problems, our laws provide legal recourse through the Section 9 petition. It can expedite the resolution of conflicts while the court is watching.
Section 9 of the Hindu Marriage Act Disadvantages
Although we've seen that Section 9 has several advantages, it has frequently raised several issues, including the following:
Violates Privacy: The court can compel a spouse to enter into marriage under Section 9. The spouse's right to privacy gets impacted because they have less influence. The court itself violates their right to privacy and deprives them of their autonomy by making them live together and work on their marriage.
Compulsory Living Together: Despite their disagreements, the parties feel pushed by the court's order to live together. It may worsen marital discord and lead to an unhealthy union because couples may find this arrangement stressful.
Prejudiced Against Women: Typically, husbands exploit this section against their wives. It may compel the woman to go back to violent and abusive households. The woman will have to live with her spouse if she is afraid and cannot provide a "reasonable excuse" in court.
Crime Against Women: In situations where a wife deserts her husband, and the court mandates that they get back together, the consequences could be dire. The husband may harm the wife or even commit marital rape.
Utilised to Encourage Divorce: When one spouse wishes to file for divorce, the other spouse may invoke Section 9 to postpone the divorce and keep the couple together.
Enforcement of the Decree for Restitution of Conjugal Rights
Section 9 provides further details on the decree for the recovery of conjugal rights. Although it doesn’t permit physically detaining a spouse, it does allow for financial coercion. Under Rule 32 of Order 21 of the Civil Procedure Code, the court can order the attachment of the property belonging to the spouse who doesn’t comply with the decree. It ensures that the aggrieved spouse has a legal option if the decree is not honoured. If a spouse continues to ignore the court's judgment, the court may resort to property attachment to enforce the ruling. Ignoring the decree can lead to serious consequences, including divorce. Under Section 13(i-A)(ii) of the Hindu Marriage Act, the affected party can file for divorce due to constructive desertion if the decree gets disregarded for a year.
Burden of Proof
When a petition is filed under Section 9 seeking the restoration of conjugal rights, the initial burden of proof rests with the petitioner. The spouse who feels wronged needs to show that their partner has left the marital relationship without a valid reason. If the petitioner can successfully demonstrate that the other party has indeed withdrawn without a justifiable excuse, then the responsibility shifts to the respondent. At that point, the respondent must present evidence to justify their withdrawal.
Conclusion
It's a fact that restitution of conjugal rights can be a helpful tool in marriages. Its main goal is to safeguard the sacred bond of marriage. However, if the courts overlook vital details, they might end up issuing orders that do more harm than good. It has led to the law being challenged repeatedly in court. Yet, as we've seen, it still holds legal validity. It's important to remember that restitution of conjugal rights should be a last resort, only to be used when all other options have been tried and failed. By being mindful of these factors, we can help preserve the marriage without resorting to court intervention.
Frequently Asked Questions
What is Section 9 of the Hindu Marriage Act?
Section 9 of the Hindu Marriage Act, 1955, addresses the issue of restitution of conjugal rights. This provision allows one spouse to take legal action if the other partner has stepped away from the relationship without a valid reason. If someone feels wronged, they can file a petition with the District Court, asking the court to issue a decree compelling their spouse to return to the marital home. It's important to note that the spouse who left must prove that they had a "reasonable excuse" for their actions.
What happens after filing Section 9?
One of the main benefits of filing a case under Section 9 is that it offers a legal way to halt a divorce and encourage reconciliation. If the court determines that the withdrawal was unjustified, it can order the spouse to return, helping the petitioner salvage their marriage.
Can section 9 be converted to A divorce?
No, you can't just turn a Section 9 petition (which is about restitution of conjugal rights) into a divorce case, since they are two distinct legal processes. However, a Section 9 petition can eventually lead to a divorce. If a court grants a decree for restitution of conjugal rights and the other party continues to refuse cohabitation for a year, the other party can then file for divorce on those grounds.
Is the court obligated to pass a decree for the restitution of conjugal rights?
No, the courts aren't obligated to issue any decree under Section 9. If there's a legitimate reason to prevent the parties from cohabitating, the court has the authority to withhold relief under Section 9.
Why do the courts allow restitution of conjugal rights?
The courts allow for the restitution of conjugal rights to encourage couples to work through their problems and live together as a married pair. However, it’s vital to understand that this doesn’t obligate them to engage in sexual relations or endure a violent living situation.
What happens if the spouse refuses to live together even after the court has mandated it?
When a spouse refuses to go along with the court's order for cohabitation, it can serve as a legitimate ground for divorce under the Hindu Marriage Act.
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