Anniie Fernandez (Studying) 02 March 2022
Palak batra 06 March 2022
Spouses can seek remedy under restitution of conjugal rights if there is no valid reason for the separation or living separately from each other. Sec9 of Hindu marriage act,1955 talks about the restitution of conjugal rights.
The essential elements of section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) are as follows:
There must be a valid marriage that exists between the parties.
One should withdraw from the society of another.
This withdrawal must be made without any reasonable excuse.
The court must satisfy the truth of the statement that no legal ground exists for refusing the decree.
Under the given facts and circumstances, it depends whether the wife's reasoning for not living with her husband is valid or not and it’s court discretion whether the husband would be granted remedy under sec.9 or not.
Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984) 12 March 2022
For detailed discussion contact at 9717985984 , ADVOCATEVG20@GMAIL.COM- Adv