Section 9 of Hindu Marriage Act
Section 9 of Hindu Marriage Act of 1955 concerns with restitution of conjugal rights when either the husband or wife has, without reasonable excuse, withdrawn from the society of the other.
Section 9 of Hindu Marriage Act states either the husband or wife has withdrawn from the society of the other without reasonable excuse, the aggrieved party may apply to the district court for restitution of conjugal rights. If the court is satisfied with the truth of the statements and finds no legal ground to deny the application, it may decree restitution of conjugal rights.
What is Hindu marriage Act
Hindu Marriage Act 1955 passed in parliament on 18.05.1955. This Act define Hindu Marriage and their rights and obligation. As per this Act both men and women minimum age is defined as 21 years for marriage. If you belong to a community that permits early marriage may be allowed to marry before the age of 21.
Originally there were 30 sections. Later in the time of Congress party following Hindu Marriage Act was diluted by adding following –
1.0 Special Marriage Act, 1954 and then in 1983
2.0 Introduction of section 498A[9] to Indian Penal Code and section 198A to the Criminal Procedure Code in 1983.
Concept of Section 9 -
Section 9 Hindu Marriage Act comes into play When one of the spouses, abandons or withdraws from the partner and society without any reasonable excuse or cause,
When one spouse deserts or isolates themselves from the other without any justified reason, a case of violation of such rights, the offended party can file a petition in the court for restoration of the rights.
Conditions required for a Decree of Restitution of Conjugal rights
1.Withdrawl from Society
Both wife and Husband after marriage to live in comfort. But in any case, they fail to their company, the aggrieved party needs to proves in court. The act of withdrawal must not be temporary or without an intention to withdraw permanently.
2.Reasonable Excuse-
A reasonable explanation is required that why Husband has deserted the spouse. The situation should be reasonable and might have to be explained.
Court’s Satisfaction
Satisfaction of Court is required by petitioner that respondent has withdrawn from the society. The petitioner also needs to present proper reasons for reclaiming the martial bond to satisfy the court.
Lack of Legal Grounds
The court can be denied for imposing decree based on Justifiable reason for withdrawal. The court can pass decree under section 9 after checking certain grounds such as indecent behavior, agreement to live separately etc.
However later, the Supreme Court in Saroj Rani v. Sudharshan Kumar, held that Section 9 of Hindu marriage act cannot be said violative of Article 14 and 21 of the constitution stating that the object of the degree is to offer an inducement for the spouse to live together, and it does not force an unwilling wife to engage in sexual relationships with the husband. It was held that Section 9 seeks to reconcile the marital bond to preserve the institution of marriage and unity of the family.
For More detail please read here
Recent Order of Supreme Court-
Supreme court stated this recently that “Hindu marriage Act valid only with requisite ceremony”. B.V. Nagarathna and Augustine George Masih said that Hindu marriage is ‘samskara’ and a sacrament which has to be accorded its status as an institution od great value in Indian society.
They further Added Hindu Marriage is not and event for song and dance, “wining and dining” or a commercial transaction, A valid ceremony is required for marriage as per Hindu Marriage Act.
In its April 19 order, the Bench said where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as ‘saptapadi’ (taking seven steps by the groom and the bride jointly before the sacred fire), the marriage will not be construed as a Hindu marriage.
They further added “Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the (Hindu Marriage) Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law,”
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