02 Oct 2026 08:47 AM

Restitution of Conjugal Rights -- Wife Living Separately -- Decree cannot be granted unless withdrawal is without reasonable excuse

(i) Hindu Marriage Act, 1955, S.9 -- Restitution of Conjugal Rights -- Wife Living Separately -- Decree needs proof that withdrawal from society of spouse was without reasonable excuse -- Living apart alone is not enough -- Allegations of ill-treatment, assault, dowry demand and domestic violence proceedings must be weighed together in deciding if the excuse is reasonable. (ii) Hindu Marriage Act, 1955, S.9 -- Restitution of Conjugal Rights -- Efforts of Husband to Bring Wife Back -- Visits to parental home and legal notice showing willingness to resume cohabitation do not by themselves prove that refusal was without reasonable cause -- They must be examined against the circumstances and evidence on record.

LOGIN TO READ



CaseLawToday.com is powered by M/s Law Herald Infotech

×

Scan News QR


or