UNDERSTANDING THE CONSTITUTIONAL LIMITATIONS OF SECTION 9 OF THE HINDU MARRIAGE ACT, 1955

AUTHOR – AISIRI GIRISH, STUDENT AT AMITY LAW SCHOOL NOIDA

BEST CITATION – AISIRI GIRISH, UNDERSTANDING THE CONSTITUTIONAL LIMITATIONS OF SECTION 9 OF THE HINDU MARRIAGE ACT, 1955, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 465-471, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of restitution of conjugal rights, as outlined in Section 9 of the Hindu Marriage Act, 1955, serves to uphold the sanctity of marriage by allowing a spouse to petition for the return of the other who has withdrawn from cohabitation without reasonable cause. However, this provision has been subject to significant scrutiny due to its inherent limitations and potential conflicts with constitutional rights.

One major limitation arises from the requirement that the aggrieved party must prove the absence of a reasonable excuse for withdrawal. This places an undue burden on individuals who may have left due to valid concerns such as cruelty or abuse, thereby potentially forcing them back into harmful situations. Furthermore, judicial interpretations have highlighted inconsistencies in how courts balance marital obligations with personal freedoms, often leading to outcomes that may infringe upon an individual’s right to privacy and dignity. This research paper explores these limitations, particularly focusing on the implications for individual autonomy, personal safety, and the evolving understanding of marital relationships in contemporary society This research aims to provide a comprehensive understanding of the limitations of restitution of conjugal rights within the framework of Indian law and its implications for modern marital dynamics.

Keywords: Restitution, Conjugal Rights, Reasonable cause, Marital relationships, Cruelty.