In this article we talk about the section 9 of the hindu marriage act which is a most powerful legal tool  to fight the matrimonial cases.

Section 9 of the Hindu Marriage Act 1955 and conjunctive rights granted to married partners

    Objective of Section 9 of Hindu Marriages Act

    These are some objective

    • Section 9 of the Hindu Marriage Act 1955 is to prevent marriage from breaking on the burnt ground.

    • This section seeks to protect constitutional rights as it will prevent a person from staying away from a married partner without any valid reasons.

    • This section has been highlighted for the protection of Hindu marriages.

    What is section 9 of the Hindu Marriage Act 1955? 

    With the restoration of constitutional rights, Section 9 of the Hindu Marriage Act would restore the matrimonial union if any partner was withdrawn from the society of another without any reasonable excuse. In this regard, the burden of giving an acceptable excuse will rest on the person who moves away from the society.

    What is Conjugal Rights ?

    Constitutional right means the right to live together on the basis of entering into a marital bond with a life partner. 

    How to restore conjugation rights? 

    According to Section 9 of the Hindu Marriage Act, 1955, affected persons, if either spouse withdraws from the society without proper excuse, can approach the court for restoration of constitutional rights.

    How to apply section 9 of Hindu Marriage Act 1955 to deal with return of partner?

    The term proper rights can be put against any of the married partners in the event of the said partner staying away from the party without any reason. In the event that the suit is successful, the couple will have to live together.

    What are the requirements to fulfill Section 9 of HMA?

    a) Spouses should not live together. 
    b) The party which has withdrawn from the union must have done so on an unacceptable basis. 
    c) The agitated party must have applied to restore the conjugation rights.

    On what basis can a petition for the restoration of constitutional rights be dismissed? 

    The petition for reinstatement of conjugate rights can be dismissed under the following conditions. 
    a) The defendant is capable of seeking marital relief.
    b) The petitioner has resorted to any marital misconduct.
    c) The behavior of the petitioner makes it difficult for the defendant to live with him or her. 

    What are the obligations covered in section 9 of Hindu Marriage Act 1955?

    In the first place, the person making the petition must prove that the defendant has released her. Once this is completed, the responsibility shifts to the respondent to prove that the petitioner had an acceptable basis for leaving the society. 

    How can the agitated party exercise the rights provided by Section 9 of the Hindu Marriage Act? 

    The victim is required to file a petition in the district court. If the court is satisfied with the material created by the petitioner and is convinced that there is no basis on which the petition should be denied, it will act in favor of the agitated party and decide for reinstatement.

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