Spouse Left Company Without Excuses
If one spouse left the matrimonial house and did not want to come to the matrimonial house then how to call that spouse to join the matrimonial house? (One Spouse Left Company Without Excuses).
Section 9 of the Hindu Marriage Act, 1955, pertains to the Restitution of Conjugal Rights. It provides a legal remedy for a spouse when the other spouse has withdrawn from their society without reasonable excuse. The section aims to protect and preserve the marital relationship and offers a way to bring estranged spouses back together.
The Provision:
Q- My wife left the matrimonial house and did not want to come so what to do?
If there is no reasonable excuse then you can file section 9 of the Hindu Marriage Act 1955 in your family and district court.
Q- My husband left without any reasonable excuse so what to do?
You can file a section 9 matter in family and district court.
Section 9 states: When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Key Elements:
Withdrawal from Society:
One spouse must have withdrawn from the company of the other without reasonable excuse.
Withdrawal must be intentional and it is not justified.
Reasonable Excuse:
The withdrawing spouse must demonstrate a valid reason for their withdrawal (e.g., cruelty, infidelity, or other matrimonial offenses).
Legal Remedy:
The aggrieved spouse can approach the district court for a decree directing the other spouse to resume cohabitation and restore marital relations.
Court’s Satisfaction:
The court must be satisfied that the withdrawal occurred without a reasonable excuse and that there are no legal barriers to granting restitution.
Enforcement:
While the decree can be enforced, courts cannot compel physical cohabitation. Non-compliance may lead to divorce proceedings under Section 13 of the Act.
Constitutional Validity:
The provision has faced criticism for being intrusive and for potentially infringing on personal autonomy and the right to privacy.
Practical Implications:
Purpose: The primary goal is to reconcile differences and save marriages.
One spouse left the company without valid reason so another spouse can file a section 9 matter, another spouse will come to the court and inform about reasons, and as per further clarification matter will go on that basis. One spouse left company without excuses.
This is only for information and education do not take advice in your case because some circumstances may be different so take advice from your legal advisor.