How to Draft a Section 9 RCR Petition – Restitution of Conjugal Rights in India

How to Draft a Section 9 RCR Petition – Restitution of Conjugal Rights in India

Introduction

When a spouse leaves the marital home without valid reason, the aggrieved partner can seek legal recourse under Section 9 of the Hindu Marriage Act, 1955 by filing a Restitution of Conjugal Rights (RCR) petition. This article provides a complete guide on what RCR is, when to file it, and how to draft an effective petition that stands up in Family Court.

What is Section 9 – Restitution of Conjugal Rights?

Section 9 allows a legally married spouse to approach the court when the other spouse has withdrawn from their company without reasonable cause. If the petition is accepted, the court may pass a decree for restitution, compelling the other spouse to resume cohabitation.

Legal Provision:

“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply... and the court, on being satisfied... may decree restitution of conjugal rights.”

— Section 9, Hindu Marriage Act, 1955

When Should You File a Section 9 Petition?

• If your spouse has left you without explanation or refuses to return.

• If no divorce petition is pending.

• If mediation or family counseling has failed.

• As a strategic move to prevent the other spouse from seeking divorce on grounds of desertion.

How to Draft an RCR Petition – Key Ingredients

A well-drafted petition must contain:

1. Details of Marriage – Date, place, and registration.

2. Religion and Applicability – Must specify parties are governed by Hindu law.

3. Background Facts – Summary of married life before desertion.

4. Act of Withdrawal – When and how the spouse left, and the absence of valid reason.

5. Efforts Made – Any attempts made to reconcile or communicate.

6. Prayer Clause – Seeking a decree for restitution.

7. Jurisdiction and Cause of Action – Where the marriage took place, or where parties last resided.

Sample Petition (Structure)

IN THE FAMILY COURT AT [City]

MATRIMONIAL PETITION NO. ___ OF 20__

[Name], S/o [Father’s Name],

…Petitioner

Versus

[Spouse's Name], D/o [Father’s Name],

…Respondent

PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955

1. That the marriage between the parties was solemnized on [Date] at [Place].

2. That the parties cohabited at [Address] as husband and wife.

3. That the Respondent has withdrawn from the society of the Petitioner since [Date] without any valid reason.

4. That despite several efforts and requests, the Respondent has refused to resume cohabitation.

5. That no legal proceeding is pending between the parties.

PRAYER

It is most respectfully prayed that this Hon’ble Court may be pleased to pass a decree of restitution of conjugal rights in favour of the Petitioner under Section 9 of the Hindu Marriage Act, 1955.

…Petitioner

Defenses Against RCR

The Respondent can defend against an RCR petition by proving:

• Reasonable cause for leaving (e.g., cruelty or domestic violence).

• The petitioner is not willing to genuinely resume cohabitation.

• Alternative pending litigation (like divorce or DV Act proceedings).

Conclusion

Filing a Section 9 RCR petition is a powerful yet sensitive legal remedy. It should be pursued with caution, keeping in mind the emotional and legal consequences. Always try reconciliation first — but when needed, a well-drafted petition can help protect your matrimonial rights.