The provision
Section 9 of the Hindu Marriage Act, 1955 allows a spouse to ask the District or Family Court for a decree directing the other spouse to resume cohabitation, where that spouse has withdrawn from the society of the petitioner without reasonable excuse. Section 22 of the Special Marriage Act, 1954 is to the same effect.
Burden and defences
Once withdrawal is shown, the burden is on the spouse who left to prove a reasonable excuse. Cruelty, harassment, demands for dowry or conduct that makes living together unsafe may be such an excuse. The court looks at the whole history, not a single incident.
What the decree does — and does not do
A decree cannot be enforced by physically compelling a person to live with the other. Its practical significance is different: under Section 13(1A)(ii), if there has been no restitution for one year or more after the decree, either party may seek divorce on that ground.
Why it is often filed
- As a genuine attempt to resume the marriage
- In response to a maintenance claim, to show willingness to cohabit
- As a step that may later support a divorce petition
Points to consider
- Courts look for genuineness; a petition filed only as a tactic may be viewed accordingly
- A wife's refusal to return for a reasonable cause does not by itself defeat her maintenance claim
- Mediation is commonly attempted at the first stage
Frequently asked questions
Can I be forced to return to my husband's house?
No. A decree for restitution is not enforced by force. Non-compliance for a year after the decree may, however, become a ground for divorce.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.