Divorce and Mutual Divorce Procedure
Divorce Lawyers in Hyderabad -Reason: Under Section-13 of Hindu Marriage Act, 1955 any marriage solemnized may, on a petition presented by either the husband or wife, be dissolved by a decree of divorce on the ground that the party-- i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, or has, after the solemnization of the marriage, treated the petitioner with cruelty or has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; ii) has caused to be a Hindu by conversion to another religion; or iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
The Restitution of Conjugal Right is a remedy available to a spouse aggrieved by the descertion of the other spouse, without any reasonable cause. This right is available both for husband and wife.
The wife and husband relationship created by the marriage entails each other to the conjugal society of the other. When one of them is deprived of this society, he or she can regain the same by seeking the remedy namely “Restitution of Conjugal Rights ”
Such remedy of Restitution of Conjugal Rights is provided by the Hindu Marriage Act, 1956 under Section-9. Briefly, Section-9 lays down that if wife or husband without proper cause withdraws from the society of other, the aggrieved person can sue to get a decree for restitution of Conjugal Rights.
According to Section-9 of the Hindu Marriage Act, two conditions are to be satisfied to obtain a decree for restitution of Conjugal Rights.
Firstly, it should be proved that there is withdrawal from the society by one of the spouses, and secondly, such withdrawal is without justification whatsoever.
When there is a desertion by one of the spouses, it attracts Section-9 of the Hindu Marriage Act, 1956.
Desertion, in simple sense means withdrawal from the association of a spouse, and to constitute desertion within the meaning of Section-9 firstly there must be desertion in fact i.e., actual desertion, and secondly intention to desert. Besides these two, such desertion should be without proper reason.
What is required to constitute withdrawal for Section-9 is not mere separation between the spuses, such separation if justified under the law, it is not desertion. In Lachman vs. Meera, AIR 1964 SC 40, the wife had left the husband’s house, not properly treated in the husband’s home. Despite this, it was held by the Supreme Court that there was separation between wife and husband, and that there was no justification or sufficient reason for the wife to leave husband’s house, hence, husband’s claim for restitution of Conjugal Rights under Section-9 of Hindu Marriage Act was allowed. The intention to associate with other spouse must be clear and red, if it is just apparent, other party can not be blamed for sertion. Similarly, in Dhurajattu vs. Dila, the wife after leaving husband’s home, even before the return of the husband, was held that, wife’s separation from husband, amounted to unjustified desertion, her sudden visit to her husband, and left without meeting the husband, does not improve the situation.