Section 9 HMA: Restitution of conjugal right
Hindu Marriage Act, 1955
Section 9 HMA at a Glance
Section 9 HMA lets an aggrieved husband or wife petition the district court for restitution of conjugal rights when the other spouse withdraws from marital society without reasonable excuse. The spouse who withdrew bears the burden of proving reasonable excuse.
Section 9 HMA Bare Act Text
9. Restitution of conjugal right.
*** When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
***
Amendments to this section
- The brackets and figure "(1)" omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976).
- Ins. by s. 3, ibid. (w.e.f. 27-5-1976).
- Sub-section (2) omitted by s. 3, ibid. (w.e.f. 27-5-1976).
Section 9 HMA in Simple Words
Section 9 HMA provides the remedy of restitution of conjugal rights (a court decree directing spouses to resume marital society) when either the husband or the wife has withdrawn from the society of the other spouse without a reasonable excuse. In that situation, the aggrieved party (whether the husband or the wife) may apply by petition to the district court for restitution of conjugal rights.
Before granting the decree, the district court must be satisfied of two matters: first, the truth of the statements made in the petition, and second, that there is no legal ground why the application should not be granted. When satisfied of both requirements, the district court may pass a decree for restitution of conjugal rights. Under the Explanation to Section 9 HMA, whenever a question arises whether there was a reasonable excuse for withdrawing from the other spouse's society, the burden of proving (the legal duty to prove) a reasonable excuse lies on the person who withdrew from the society.
In an area that has a Family Court, these petitions go to the Family Court instead of the district court: section 7 of the Family Courts Act, 1984 gives the Family Court this jurisdiction, and section 8 of that Act stops the district court from exercising it there. Section 10 HMA covers judicial separation, and Section 13 HMA lists the grounds on which either spouse may petition for divorce. Act 68 of 1976 amended Section 9 HMA with effect from 27 May 1976, omitting the brackets and figure "(1)", inserting the Explanation, and omitting sub-section (2).
When Section 9 HMA Applies
- Either the husband or the wife has withdrawn from the society of the other spouse without reasonable excuse (Section 9 HMA).
- The aggrieved spouse applies by petition to the district court for restitution of conjugal rights (Section 9 HMA).
- The district court is satisfied of the truth of the statements made in the petition and that there is no legal ground why the application should not be granted (Section 9 HMA).
- Where reasonable excuse is disputed, the person who withdrew from the other spouse's society bears the burden of proving reasonable excuse (Explanation to Section 9 HMA).
Example of Section 9 HMA
When Section 9 HMA Does Not Apply
- The spouse who withdrew from the society of the other spouse proves a reasonable excuse for the withdrawal under Section 9 HMA and the Explanation to Section 9 HMA.
- The district court is not satisfied of the truth of the statements made in the petition under Section 9 HMA.
- A legal ground exists why the application for restitution of conjugal rights should not be granted under Section 9 HMA.
FAQs on Section 9 HMA
What is Section 9 HMA?▼
Section 9 HMA allows an aggrieved husband or wife to petition the district court for restitution of conjugal rights when the other spouse withdraws from marital society without reasonable excuse. If the district court is satisfied of the truth of the petition and finds no legal bar, the district court may pass a decree for restitution of conjugal rights.
Can both the husband and the wife apply under Section 9 HMA?▼
Yes. Section 9 HMA applies when either the husband or the wife withdraws from the society of the other without reasonable excuse, allowing whichever spouse is aggrieved to file the petition.
Which court hears a petition under Section 9 HMA?▼
The district court, or the Family Court where one has been set up for the area. Section 9 HMA names the district court, but under sections 7 and 8 of the Family Courts Act, 1984, a petition for restitution of conjugal rights in an area that has a Family Court goes to the Family Court, and the district court there cannot hear it.
Who has to prove reasonable excuse in a Section 9 HMA case?▼
The spouse who withdrew from the society of the other spouse. Under the Explanation to Section 9 HMA, when a question arises whether there was a reasonable excuse for withdrawal, the burden of proving reasonable excuse rests on the person who withdrew.
Must the district court grant a decree whenever a Section 9 HMA petition is filed?▼
No. Under Section 9 HMA, the district court may grant a decree only on being satisfied of the truth of the statements in the petition, that the withdrawal was without reasonable excuse, and that no legal ground bars granting the application.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·