When may an aggrieved spouse petition for restitution of conjugal rights under Section 9 of the Hindu…
Under Section 9 of the Hindu Marriage Act, 1955, when either the husband or the wife has, without reasonable excuse (reasonable cause), withdrawn from the society of the…
Choose your answer
When may an aggrieved spouse petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955?
Answer and explanation
Correct answer B
Under Section 9 of the Hindu Marriage Act, 1955, when either the husband or the wife has, without reasonable excuse (reasonable cause), withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights. Under the Explanation to Section 9, the burden of proving reasonable excuse lies on the person who has withdrawn from the society.
Option feedback
Option A
A reasonable excuse defeats this ground.
Option B
Withdrawal from the other spouse’s society without reasonable excuse is the statutory ground.
Option C
A disagreement over expenses alone does not establish withdrawal from the other spouse’s society.
Option D
The availability of a reasonable excuse is legally material under Section 9.
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