Topic

Section 9 HMA

1 articleLatest March 2026
Section 9 Hindu Marriage Act | Burden of Proof in Restitution of Conjugal Rights Lies on Petitioner; Acquittal in 498A Case Justifies Withdrawal : Jharkhand HC
Case Law Analysis
|Jharkhand High Court

Section 9 Hindu Marriage Act | Burden of Proof in Restitution of Conjugal Rights Lies on Petitioner; Acquittal in 498A Case Justifies Withdrawal : Jharkhand HC

Jharkhand High Court rules that the spouse seeking restitution of conjugal rights must prove the other's withdrawal was unreasonable. The court upheld the dismissal of the wife's petition, citing her failure to rebut the husband's justification for separation, including his acquittal in a dowry harassment case and the daughters' testimony supporting his conduct.