HMA Section 9 — Restitution of conjugal rights

What does this section state?

Section 9 allows either spouse, where the other has withdrawn from their society without reasonable excuse, to apply to the District Court for a decree of restitution of conjugal rights — an order directing the withdrawing spouse to resume cohabitation. The burden of proving that the withdrawal was for a reasonable excuse falls on the spouse who left, not on the spouse seeking restitution.

This remedy has become less commonly used in recent decades, and its constitutionality has been repeatedly debated, with critics arguing it can be used coercively against an unwilling spouse, though the Supreme Court has upheld its validity. Courts today are generally cautious about granting such decrees where there is credible evidence of cruelty or genuine incompatibility underlying the separation.

Where a decree for restitution of conjugal rights is passed but not complied with for a period of one year or more, that failure itself becomes an independent ground for divorce under Section 13(1A) of the Act.

Frequently Asked Questions

What does this provision actually do?

See the explanation above. This is a civil, procedural, or constitutional provision rather than a criminal offence, so it doesn't carry a punishment — it defines a right, remedy, or procedure instead.

Can this decree be enforced against someone’s will?

Indian courts do not physically compel a spouse to return through direct force; rather, non-compliance with the decree carries legal consequences, most significantly becoming an independent ground for divorce after one year.

What happens if the decree isn’t followed?

If the decree for restitution of conjugal rights is not complied with for one year or more, the spouse who obtained the decree can use that non-compliance as a ground to seek divorce under Section 13(1A).

Is this remedy commonly used today?

It is used considerably less often than in the past, partly due to ongoing debate over whether it can be misused coercively, and courts today tend to scrutinise the underlying reasons for separation carefully before granting such a decree.