Marriage can be defined as a contract between a man and a woman. In addition, this bond is associated with love, patience, support, and harmony. Moreover, starting a family means entering a new level of success. Marriage helps establish new relationships between men and women. However, if the marriage does not appear to be working, a situation may arise where one partner does not feel to fulfill his/her marital obligations. then you can contact Best Matrimonial Lawyer in Gurgaon because there, is a matrimonial relief is provided under Section 9 of the Hindu Marriage Act, 1955 wherein the aggrieved Party may apply, by Petition to the District Court, for Restitution of Conjugal Rights, and the Court after going through the same, may decree Restitution of Conjugal Rights accordingly.
UNDERSTANDING THE SECTION OF RESTITUTION OF CONJUGAL RIGHTS
The restitution of conjugal rights found its origin in the traditional Hindu law where the wife was obligated to live with her husband and fulfill her marital duties as a wife and if she refuses to do so without any proper reason or cause, the husband may seek a judicial separation. and contact Best Matrimonial Lawyer in Gurgaon because Restitution of Conjugal rights of husband and wife means restoration of marriage & cohabitation between husband and wife.
The Petition for the Restitution of Conjugal Rights is filed so that the Best Matrimonial Lawyer in Gurgaon and Court intervenes between the Parties and decides the case to encourage the restoration of marriage. It is a remedy that is available to both parties if one party abandons/ withdraws from the marital bond without giving a justifiable cause for the same.
ESSENTIAL ELEMENTS OF SECTION 9 OF THE HINDU MARRIAGE ACT
- The marriage between the Parties is lawful, legal, and, existing.
- The defendant should have withdrawn from performing his/her marital duties and obligations.
- Such withdrawal and abandonment should be unfair and unreasonable.
- The Court should be fully satisfied with the contents and facts of the Petition filed by the Aggrieved Person.
- The Court should be of the opinion that there is no reason to reject or dismiss the Petition of the Petitioner.
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SUSHILA BAI V. PREM NARAYAN (AIR 1986 MP 225)
In the above-mentioned case, the Court issued a restitution Order in favor of the Petitioner and confirmed the above-mentioned criteria as grounds for restitution.
JURISDICTION TO FILE PETITION UNDER SECTION 9
The Aggrieved Party can file the Petition where the marriage was solemnized, where the husband and wife last resided together, or the current residence of the wife.
BURDEN OF PROOF
The burden to proof lies on the Petitioner. The Petitioner must have concrete evidences to prove that the Respondent has abandoned his/her matrimonial obligations without any just cause and reason. After that, it is upon the Respondent to provide a fair reason for withdrawing from performing matrimonial duties.
Same was laid down in P. Rajesh Kumar Bagmar V. Swathi Rajesh Kumar Bagmar, 2008
GROUNDS FOR REJECTION OF THE PETITION | Best Matrimonial Lawyer in Gurgaon
- Cruelty by the petitioner
- 2. Matrimonial wrongdoing
- 3. Postponement in the commencement of the proceedings.
CONCLUSION
Analysing the feasibility of such a remedy is important to understand whether it will benefit the public at large or not. According to Indian culture, the husband and wife should put in efforts to maintain a good marital relationship. While this Section provides legal support to this culture, but on the other hand, it also forces two individuals to live together who do not want to live each other and any relationship which is forced and feels like a burden on both the Parties is short lived.
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