15 Questions
When can a party apply for restitution of conjugal rights?
A party may apply for restitution of conjugal rights when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other.
What is the subject of Section 9 of the Hindu Marriage Act, 1955?
The subject of Section 9 is the restitution of conjugal rights.
What action can the court take if it is satisfied with the petition for restitution of conjugal rights?
The court may decree restitution of conjugal rights accordingly if it is satisfied with the truth of the statements made in the petition and that there is no legal ground why the application should not be granted.
What is the foundation of the right addressed in Section 9?
The foundation of the right is the fundamental rule of matrimonial law that one spouse is entitled to the society and comfort-consortium of the other spouse.
Match the following terms with their meanings in the context of Section 9 of the Hindu Marriage Act, 1955:
Restitution of conjugal rights = Granting a decree for the return to the society of the other spouse Reasonable excuse = Justifiable cause for withdrawing from the society of the other spouse District Court = The legal authority to which the aggrieved party may apply for restitution of conjugal rights Consortium = The right to the society and comfort of the other spouse
Match the following legal terms with their explanations as per Section 9 of the Hindu Marriage Act, 1955:
Cause of action = Arises when one party withdraws from the society of the other Aggrieved party = The party entitled to apply for restitution of conjugal rights Explanation added by Marriage Laws (Amendment) Act, 1976 = Shifts the burden of proving reasonable excuse onto the person who has withdrawn from the society Decree for restitution = Granted by court if satisfied with petition and absence of legal grounds for refusal
What burden of proof does the Marriage Laws (Amendment) Act, 1976 shift?
The burden of proving reasonable excuse is shifted onto the person who has withdrawn from the society, as per the Marriage Laws (Amendment) Act, 1976.
Match the following statements with their correct descriptions according to Section 9 of the Hindu Marriage Act, 1955:
When do the rights for restitution of conjugal rights arise? = When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other What does the court need to be satisfied with before granting a decree for restitution? = The truth of the statements made in the petition and absence of legal grounds for refusal Burden of proof according to Marriage Laws (Amendment) Act, 1976 = Shifted onto the person who has withdrawn from the society Foundation of the right addressed in Section 9 = The entitlement to society and comfort-consortium of the other spouse
Match the following terms with their role in Section 9 of the Hindu Marriage Act, 1955:
Husband's entitlement = To the society and comfort-consortium of his wife Wife's entitlement = To the society and comfort-consortium of her husband Withdrawal from society without reasonable excuse = Grounds for applying for restitution of conjugal rights Legal ground for refusal = Consideration by court before granting a decree for restitution
Match the following legal terms with their significance in Section 9 of the Hindu Marriage Act, 1955:
Section 9 = Deals with restitution of conjugal rights Marriage Laws (Amendment) Act, 1976 = Adds an explanation shifting burden of proof Fundamental rule of matrimonial law = Entitlement to society and comfort-consortium of spouse Explanation for cause of action = Withdrawal from society without reasonable excuse
What is the primary entitlement of the husband and wife after marriage according to Section 9 of the Hindu Marriage Act, 1955?
The society of the spouse
What is the court empowered to do if it is satisfied with the petition for restitution of conjugal rights?
Grant a decree for restitution of conjugal rights
What burden of proof does the Marriage Laws (Amendment) Act, 1976 shift?
Proof of reasonable excuse for withdrawal from conjugal rights
When can a party apply for restitution of conjugal rights according to Section 9?
When either spouse has withdrawn without reasonable excuse
What is the explanation added by the Marriage Laws (Amendment) Act, 1976?
Explanation on shifting the burden of proof
Study Notes
Restitution of Conjugal Rights
- A party can apply for restitution of conjugal rights when the other spouse has withdrawn from their society without reasonable excuse.
- Section 9 of the Hindu Marriage Act, 1955 deals with the restitution of conjugal rights.
- If the court is satisfied with the petition, it can pass a decree of restitution of conjugal rights.
Foundation of the Right
- The foundation of the right addressed in Section 9 is the primary entitlement of the husband and wife to each other's company after marriage.
Burden of Proof
- The Marriage Laws (Amendment) Act, 1976 shifts the burden of proof of the respondent's alleged misconduct to the petitioner.
Court's Empowerment
- If the court is satisfied with the petition, it is empowered to pass a decree of restitution of conjugal rights, directing the respondent to resume cohabitation.
Key Terms and Explanations
- Restitution of conjugal rights: a decree directing the respondent to resume cohabitation with the petitioner.
- Withdrawal from society: a situation where one spouse refuses to cohabit with the other without reasonable excuse.
- Reasonable excuse: a valid justification for the respondent's withdrawal from society.
Impact of the Marriage Laws (Amendment) Act, 1976
- The Marriage Laws (Amendment) Act, 1976 adds an explanation that the burden of proof of the respondent's alleged misconduct lies with the petitioner.
- The Act shifts the burden of proof to the petitioner, making it more challenging for them to establish their case.
Test your knowledge of Section 9 of the Hindu Marriage Act, 1955, which deals with the subject of the restitution of conjugal rights and the entitlement of spouses to the society and comfort of each other.
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