Section 9 from Hindu marriage Act 1955 which express that “When either the husband or his wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal right and the court, on being satisfied if the truth of the statement made in such petition and that no legal ground why the application should not be granted, may decree restitution of conjugal right.

Imagine a situation where two persons get married to each other and after the marriage husband leaves the wife and settles somewhere else without giving any excuse and valid reason. The women who left her family and got married to the man with so many dreams are left unanswered. In this situation the women have all right to take legal step to compel her husband to live together. Thus, the major objective of this act is re-establishment of the marital relationship between wife and husband. The Supreme Court in Smt Saroj Rani vs Sudarshan Kumar Chadha (AIR 1980) noted that” The essence of marriage is the sharing of common life, a sharing of all happiness that life has to offer and all the misery that has to face in life.” Another case IN Harvinder Kaur v. Harmider Singh AIR 1984 Delhi 66, the judiciary again went back to its original approach and help section 9 of Hindu Marriage Act as completely valid. “The legislature has created restitution of conjugal right as additional ground for divorce”.