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When can a party apply for restitution of conjugal rights?
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party may apply for restitution of conjugal rights when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other.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?
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?
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?
What is the foundation of the right addressed in Section 9?
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Match the following terms with their meanings in the context of Section 9 of the Hindu Marriage Act, 1955:
Match the following terms with their meanings in the context of Section 9 of the Hindu Marriage Act, 1955:
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Match the following legal terms with their explanations as per Section 9 of the Hindu Marriage Act, 1955:
Match the following legal terms with their explanations as per Section 9 of the Hindu Marriage Act, 1955:
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What burden of proof does the Marriage Laws (Amendment) Act, 1976 shift?
What burden of proof does the Marriage Laws (Amendment) Act, 1976 shift?
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Match the following statements with their correct descriptions according to Section 9 of the Hindu Marriage Act, 1955:
Match the following statements with their correct descriptions according to Section 9 of the Hindu Marriage Act, 1955:
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Match the following terms with their role in Section 9 of the Hindu Marriage Act, 1955:
Match the following terms with their role in Section 9 of the Hindu Marriage Act, 1955:
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Match the following legal terms with their significance in Section 9 of the Hindu Marriage Act, 1955:
Match the following legal terms with their significance in Section 9 of the Hindu Marriage Act, 1955:
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What is the primary entitlement of the husband and wife after marriage according to Section 9 of the Hindu Marriage Act, 1955?
What is the primary entitlement of the husband and wife after marriage according to Section 9 of the Hindu Marriage Act, 1955?
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What is the court empowered to do if it is satisfied with the petition for restitution of conjugal rights?
What is the court empowered to do if it is satisfied with the petition for restitution of conjugal rights?
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What burden of proof does the Marriage Laws (Amendment) Act, 1976 shift?
What burden of proof does the Marriage Laws (Amendment) Act, 1976 shift?
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When can a party apply for restitution of conjugal rights according to Section 9?
When can a party apply for restitution of conjugal rights according to Section 9?
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What is the explanation added by the Marriage Laws (Amendment) Act, 1976?
What is the explanation added by the Marriage Laws (Amendment) Act, 1976?
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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.
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Description
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.
