Restitution of Conjugal Rights — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Which section of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights?

   • Section 9 (correct answer)
   • Section 10
   • Section 12
   • Section 13

   Explanation. Section 9 of the Hindu Marriage Act, 1955 provides the remedy of restitution of conjugal rights.

2. What must the petitioner prove to succeed under Section 9?

   • That the respondent has withdrawn from their society without reasonable excuse (correct answer)
   • That the respondent committed adultery
   • That the marriage is void
   • That one year has passed since marriage

   Explanation. The core requirement under Section 9 is withdrawal from society without reasonable excuse.

3. Once withdrawal from society is proved, on whom does the burden shift to prove a reasonable excuse?

   • The respondent (correct answer)
   • The petitioner
   • The court
   • The conciliator

   Explanation. The burden shifts to the respondent once withdrawal from society is established.

4. In T. Sareetha v. T. Venkata Subbaiah (1983), which court declared Section 9 unconstitutional?

   • Andhra Pradesh High Court (correct answer)
   • Supreme Court of India
   • Delhi High Court
   • Bombay High Court

   Explanation. The Andhra Pradesh High Court, per Justice P.A. Choudary, declared Section 9 unconstitutional.

5. Which case upheld the constitutional validity of Section 9?

   • Saroj Rani v. Sudarshan Kumar Chadha (correct answer)
   • T. Sareetha v. T. Venkata Subbaiah
   • Dastane v. Dastane
   • Sureshta Devi v. Om Prakash

   Explanation. Saroj Rani v. Sudarshan Kumar Chadha (1984) is the Supreme Court decision upholding Section 9.

6. If there is no resumption of cohabitation for one year or more after a Section 9 decree, what happens?

   • It becomes a ground for divorce under Section 13(1A)(ii) (correct answer)
   • The marriage is automatically void
   • The decree is automatically cancelled
   • Nothing legal happens

   Explanation. Non-compliance for one year or more becomes an independent ground for divorce under Section 13(1A)(ii).

7. How is a Section 9 decree actually enforced if the respondent disobeys it?

   • It is not enforced by physical compulsion (correct answer)
   • The police physically bring the respondent back
   • The respondent is imprisoned
   • The marriage is dissolved immediately

   Explanation. No Indian court orders forced physical cohabitation; consequences are financial and procedural only.

8. Restitution of conjugal rights is unique among matrimonial remedies because:

   • It aims to continue the marriage rather than end it (correct answer)
   • It is only available to husbands
   • It requires no court petition
   • It automatically ends the marriage

   Explanation. It is the only matrimonial remedy aimed at continuing, rather than ending, the marriage.