FILING OF RESTITUION PETITION- PETITION FOR RESTITUTION OF CONJUGAL RIGHTS, PROCEDURE, CONTENTS, JURISDICTION

 

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS:

Introduction to provisions:    Procedure under Hindu Marriage Act 1955          Burden of proof          Limitation of filing          Contents of the petition          Jurisdiction

INTRODUCTION TO PROVISIONS:

1.     Section 9 Under Hindu Law

2.     Section 22 of The Special Marriage Act 1954

3.     Section 36 of The Parsi Marriage & Divorce Act, 1936

4.     Sections 32&33 of  The Divorce Act , 1869.

5.     281(Mullah/Hindu Law or Suit for Specific Performance Of Restitution Of Conjugal Rights).

PROCEDURE :

Restitution of conjugal rights under Hindu law:

·        Filed under section 9 of the Hindu Marriage Act, 1955

·        Section 9: “When either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court, on being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 of 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”.

BURDEN OF PROOF

 Burden of proof lies on the person who has withdrawn from the society.

LIMITATION PERIOD:

It can be filed any time after the solemnization of marriage.

CONTENTS OF THE PETITION:

Petition filed under this act should contain the facts which are framed by the Madras High Court under Hindu Marriage Act.

a)     Place and date of the marriage held.

b)    Name and address and their occupation.

c)     Address of the parties reside or lastly resided together within the jurisdiction of the court.

d)    Names of the children if any due to that wedlock with age.

e)     If any proceedings carried out by the parties before the date of the petition, that particulars given.

f)      Circumstances under respondent withdrawn from the society of the petitioner.

g)     Details in accordance to custody, care and maintenance of the children.

h)    Permanent alimony and maintenance.

i)       Costs.

JURISDICTION

This petition is to be filed before the district court or the sub court within the local limits of whose ordinary civil jurisdiction,

a)     Marriage was solemnized

b)    The respondents, at the time of the presentation of the petition resides or

c)     The parties to the marriage last resided together or

d)    In case the wife is the petitioner where she is residing on the date of presentation of the petition or

e)     The petitioner is residing at the time of the presentation of the petition in a case where the respondent is, at time residing outside the territories to which this act extends , or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.