Remedy of restitution of conjugal rights is given in Section _____ of Hindu Marriage Act, 1955.
Explanation & Strategy
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Section 9 provides the remedy of restitution of conjugal rights — where one spouse abandons the other without justification, the abandoned spouse can seek a court decree directing the withdrawing spouse to resume cohabitation. This remedy survived constitutional scrutiny in Saroj Rani vs. Sudarshan Kumar (1984), though the Andhra Pradesh HC had earlier struck down a similar provision in T. Sareetha vs. Venkata Subbaiah. Section 13 deals with divorce, Section 11 with void marriages, and Section 6 with guardianship.
The text reads: Section 9 HMA: When either the husband or wife has withdrawn from the society of the other without reasonable excuse, the aggrieved party may apply for restitution of conjugal rights.
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