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ISSUE:

Is the provision of restitution of conjugal rights under Section 9 of the Hindu Marriage Act constitutionally valid?

RULE:

Section 9 of the Hindu Marriage Act, 1955 defines the Restitution of Conjugal Rights as: When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

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