Many women in Mumbai who leave the matrimonial home because of ill-treatment are surprised to receive a court notice asking them to come back. The petition is called “restitution of conjugal rights”, often shortened to RCR. Sometimes it is a genuine attempt to save the marriage; sometimes it is filed to build a case. This guide explains what Section 9 says, what a wife can do in response, and how it connects to divorce and maintenance. It applies to marriages under the Hindu Marriage Act (Hindus, Buddhists, Jains and Sikhs).
What Section 9 says
When one spouse has withdrawn from the other’s company “without reasonable excuse”, the other can petition the court for restitution of conjugal rights. The court may grant a decree if it is satisfied that the statements in the petition are true and there is no legal ground for refusing. The Act adds that where the question is whether there was a reasonable excuse for withdrawing, the burden of proving it is on the spouse who withdrew.
What a wife can do
| Step | Why it matters |
|---|---|
| Appear and file a written reply | If she does not respond, the case can proceed without her side being heard |
| Set out her reasons for leaving | A reasonable excuse defeats the petition, and she must prove it: cruelty, threats, being thrown out, the husband’s conduct |
| Gather proof | Messages, medical records, police complaints, letters, witnesses. Records made at the time carry weight |
| Ask for interim maintenance and costs (Section 24) | A spouse without enough independent income can ask the court for support and the expenses of the case while it runs |
| Consider her own petition | If the facts support it, she can seek judicial separation or divorce on grounds such as cruelty |
Protection and support outside this case
- Safety and residence: a wife facing violence can apply under the Protection of Women from Domestic Violence Act; see how to file a domestic violence case and the right to stay in the shared household.
- Maintenance: she can also claim maintenance before the Magistrate; see maintenance under Section 144 BNSS.
If a decree is passed
- No physical compulsion. The court does not send police to take a spouse back. Under Order XXI Rule 32 of the Code of Civil Procedure, a restitution decree that is wilfully disobeyed may be enforced by attaching property.
- One year later, divorce becomes available. Under Section 13(1A), if a decree for restitution is not complied with for one year or more, either spouse can seek divorce. This is why some petitions are filed as a first step towards divorce.
Common questions
Do I have to go back if I receive the notice?
The notice requires you to answer the case in court, not to return home. Whether a decree is passed depends on whether you had a reasonable excuse for leaving.
Can I claim maintenance in the RCR case itself?
Yes. Section 24 allows interim maintenance and litigation costs in any proceeding under the Act, including this one.
Where will the case be heard?
In Mumbai, matrimonial cases go to the Family Court at Bandra. See which court handles my case.
What are the grounds for divorce if I want to file myself?
See grounds for divorce under the Hindu Marriage Act.
Sources
- Hindu Marriage Act, 1955, Sections 9, 10, 13(1A) and 24 (text published by a state government)
- Code of Civil Procedure, 1908, Order XXI Rule 32
This guide is general information. What counts as a reasonable excuse depends on the facts proved in court.