Petition for Restitution of Conjugal Rights

The Restitution of Conjugal Rights Petition is governed by Section 9 of the Hindu Marriage Act, 1955. This section provides that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply to the district court for restitution of conjugal rights. The court, if satisfied that the claim is valid and there is no legal ground to refuse, may decree restitution of conjugal rights.

The petition is filed in the Family Court or District Court having jurisdiction over the area where the marriage was solemnized or where the parties last resided together. The e-Courts portal (https://ecourts.gov.in) provides case status and cause lists. For filing, you must approach the court physically or through an advocate. A Divorce Lawyer India can assist with the filing process.

The process begins with filing a petition under Section 9 of the Hindu Marriage Act, 1955, in the appropriate family court. The petition must state the date and place of marriage, the fact that the respondent has withdrawn from the petitioner's society without reasonable excuse, and the petitioner's desire for restitution. After filing, the court issues notice to the respondent. The respondent may file a written statement. The court may attempt reconciliation. If no settlement is reached, the court hears evidence and passes a decree. If the decree is not complied with within one year, it becomes a ground for divorce under Section 13(1A)(ii) of the Act.

The main document is the petition itself, which should be drafted on plain paper or as per the court's format. No specific statutory form is prescribed, but the petition must contain: (1) full names and addresses of parties, (2) date and place of marriage, (3) details of any children, (4) facts showing withdrawal from society, (5) that the petitioner is willing to resume cohabitation. Supporting documents include marriage certificate, photographs, and any evidence of withdrawal. A Divorce Lawyer India can prepare the petition correctly.

Any spouse (husband or wife) whose marriage is valid under Hindu law can file. The petitioner must prove that the respondent has withdrawn from their society without reasonable excuse. The court will not grant the decree if the respondent has a valid reason for withdrawal, such as cruelty, adultery, or desertion by the petitioner. The petition must be filed within the period of limitation (generally no specific limitation, but delay may be explained).

The court process involves several stages: filing, service of notice, written statement, reconciliation attempts, evidence, and final decree. No fixed timeline can be given as it depends on court caseload and cooperation of parties. The decree, if granted, requires the respondent to resume cohabitation. If the decree is not obeyed for one year, it becomes a ground for divorce.

Court fees vary by state. Below is an indicative table of court fee stamps for a petition under Section 9 of the Hindu Marriage Act in some states (subject to change):

Additional costs include advocate fees, which are not regulated. A Divorce Lawyer India can provide a fee estimate.