Hindu Marriage Act, 1955 · Restitution of conjugal rights and judicial separation
Section 9: Restitution of conjugal right
1 ** * When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
3 * * * * *
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 9
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Komal Krishan Arora & Ors. v. Sandeep Kumar & Ors.
Issue arose whether the directions issued by the High Court that the interim custody of the minor son aged five years be handed over to the father from the custody of the maternal grandfather warrants interference.
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Kuldeep Singh v. The State of Punjab & Ors.
The accused-appellant’s petition u/s.482 of the Criminal Procedure Code, 1973 seeking quashing of the FIR u/ss.366, 376 and 506 of Penal Code, 1860 was dismissed by the High Court.
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Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Another
Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4), Code of Criminal Procedure, 1973, if his wife refuses to abide by…
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Trisha Singh v. Anurag Kumar
Parties arrived at an amicable settlement for dissolution of marriage by mutual consent. However, the wife resiled from the settlement agreement. Exercise of powers under Article 142 of the Constitution of India to…
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Deep Mukerjee v. Sreyashi Banerjee
Matter pertains to subjecting the husband to undergo potentiality test.
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Prakashchandra Joshi v. Kuntal Prakashchandra Joshi
Whether a decree for divorce can be granted for the reason that the marriage has irretrievably broken down.
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