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Section 9: Restitution of conjugal right

The Hindu Marriage Act, 1955Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 25 of 1995

5 ** * When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

6 [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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

7 * * * * * *

1. The words “or epilepsy” omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999).

2. Subs. by Act 2 of 1978, s. 6 and Schedule for “elighteen years” (w.e.f. 1-10-1978).

3. Subs. by s. 6 and Schedule, ibid., for “fifteen years” (w.e.f. 1-10-1978).

4. Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978).

5. The brackets and figure “(1)” omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976).

6. Ins. by s. 3, ibid. (w.e.f. 27-5-1976).

7. Sub-section (2) omitted by s. 3, ibid. (w.e.f. 27-5-1976).

6

Where this provision sits

ActThe Hindu Marriage Act, 1955
Section9
Marginal noteRestitution of conjugal right
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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