Restitution Of Conjugal Right Under Section 9 Of Hindu Marriage Act 18
                     Restitution Of Conjugal Right Under Section 9 Of Hindu Marriage Act 1955
Section 9 from Hindu marriage Act 1955 which express that “When either the 
husband or his wife has, without reasonable excuse, withdrawn from the 
society of the other, the aggrieved party may apply, by petition to the district 
court, for restitution of conjugal right and the court, on being satisfied if the 
truth of the statement made in such petition and that no legal ground why the 
application should not be granted, may decree restitution of conjugal right.
Imagine a situation where two persons get married to each other and after the 
marriage husband leaves the wife and settles somewhere else without giving 
any excuse and valid reason. The women who left her family and got married to 
the man with so many dreams are left unanswered. In this situation the women 
have all right to take legal step to compel her husband to live together. Thus, 
the major objective of this act is re-establishment of the marital relationship 
between wife and husband. The Supreme Court in Smt Saroj Rani vs Sudarshan 
Kumar Chadha (AIR 1980) noted that” The essence of marriage is the sharing of 
common life, a sharing of all happiness that life has to offer and all the misery 
that has to face in life.” Another case IN Harvinder Kaur v. Harmider Singh AIR 
1984 Delhi 66, the judiciary again went back to its original approach and help 
section 9 of Hindu Marriage Act as completely valid. “The legislature has 
created restitution of conjugal right as additional ground for divorce”.
Marriage in Hinduism
In India, the idea and concept of marriage that was laid down by the ancient 
Indians is one in which it is a ceremonial gift of a bride ( Vadhu) by her father, 
or another appropriate family member,  to a bride-groom (Vara), so that they 
may fulfil the purposes of human existence.
Marriage is considered as a sacrament where the man and women getting 
married are considered to get bonded within one relationship where they will 
be considered as one soul. When a man and woman get married they follow 
certain customs according to their culture and religion which bring them 
together for their entries life. They are considered to be living together till their 
last breath and share all their happiness, sadness and be each other support.
Ancient and Modern Hindu Marriages
The scope of Hindu Marriage Law refers to the legal provision governing 
marriage and related issues in Hinduism. Hindu marriage law has evolved over 
time, reflecting change in society, technology, and legal system.
In ancient times, Hindu marriage law was based on the traditional Hindu texts, 
such as  the Vedas, manusmriti, and other Dharmashastras. These  texts 
emphasized the sanctity of marriage and the important of maintaining social 
and familial harmony. Marriage was considered a sacrament, and it was the 
duty of the parents to arrange the marriage of their children.
In  ancient  Hindu  marriage  law  also  included  provision  for  dowry  and 
remarriage. The dowry system, which required the bride’s family to give gift 
and money to the groom’s family.
In modern times, Hindu marriage law has undergoes significant change. The 
Hindu marriage Act was enacted in 1955, which repealed the old Hindu 
marriage Act of 1955. The Act provided for divorce, which was not recognized 
ancient Hindu law. The Act also abolished the dowry system and receiving of 
dowry. It also recognized the right of women to property and inheritance. The 
Act also allowed remarriage for divorced and widowed women. The Act also 
introduced the concept of mutual consent.  The Hindu Marriage Act is 
significant piece of legislation that governs Hindu marriage in India.