Sage-Tips

On what grounds can a defendant resist a petition for restitution of conjugal right?

It is accepted that the expression “without reasonable excuse” and “without lawful ground” should have same meaning. Under the Hindu Marriage Act, 1955 anything which constitutes a ground for nullity, dissolution of marriage or judicial separation is a defence against a petition for restitution of conjugal rights.

Is notice mandatory for restitution of conjugal rights?

A legal notice under section 9 of the Hindu Marriage Act asks a spouse who has left the other without any logical excuse, to return. If you don’t get the legal notice about the marriage issues under section 9, then the aggrieved party can request the court for restitution of conjugal rights.

How do you defend restitution of conjugal rights?

Defense for restitution of conjugal rights: For a reasonable excuse, there are no hard and fast rules about it, and it may be decided by the court by means of justice, equity and good conscience. The followings are some of the examples of the reasonable excuses: The petitioner has treated the other party with cruelty.

Can court force me to stay with my husband?

No court can compel either husband or wife to live with his/her spouse. You have every right to stay separately from him. It seems that a decree of RCR (restitution of conjugal rights) has been passed against you.

What is RCR notice?

Some lawyers will tell you that you should apply for RCR (Restitution of Conjugal Rights), also called Section 9 of Hindu Marriage Act. A petition for Restitution of Conjugal Rights is a petition to order the wife to come back to you.

How do I submit a Section 9 notice?

Steps to Draft a legal notice under section 9 of the Hindu Marriage Act

1. Discuss the whole scenario with a lawyer and inform him/her of the incidents with your spouse.
2. You can send the notice in either English or in any other Indian language which you speak and can understand.

Who can file Section 9?

Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …

When wives deny husbands conjugal rights?

If the either of the spouses denies enjoying the conjugal rights or withdraws from the society without any reason, then the other party can file a suit for restitution of conjugal Rights. This restitution of conjugal rights can be filed only under personal laws.

What are the conjugal rights of a wife?

What are conjugal rights? Conjugal rights are rights created by marriage, i.e. right of the husband or the wife to the society of the other spouse. The law recognises these rights— both in personal laws dealing with marriage, divorce etc, and in criminal law requiring payment of maintenance and alimony to a spouse.

Can anyone force you to stay in a marriage?

It is illegal for someone to force you to marry. It is also a form of gender violence, since it usually involves mental abuse, emotional blackmail, and coercion from either the family or society.

Where can I file PIL regarding fundamental or constitutional rights?

PILS regarding fundamental or constitutional rights can be filed only in High or Supreme Courts. A PIL could be filed in district courts or other subordinate courts also but not necessarily in the Supreme Court or High Courts.

Can a PIL be filed in a district court?

Yes , PIL can be filed in district or subordinate courts and obviously the courts of higher order like high court and supreme Court. PIL cannot be filed in a District Court. It has to be filed under writ jurisdiction in a High Court or the Supreme Court.

What is Public Interest Litigation (PIL)?

“Public interest Litigation” or PIL means, litigation filed in a court of law, for the protection of “Public Interest”. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law. PIL is not defined in any statute or in any act.

What are Pils and how to file PILs?

Generally PILS are filed to protect the fundamental and constitutional rights whose interest vested in masses, these PILS can be filed on High Court and Supreme court only. PILS on other matters can be filed in Sessions Courts but if the Sessions Judge feels that the matter needs a HC or SC judge – the Sessions Court will dismiss the case.