Chapter III§9–10
Restitution of Conjugal Rights and Judicial Separation
Two parallel reliefs short of divorce. §9 lets the aggrieved spouse sue for restitution where the other has withdrawn from society 'without reasonable excuse' — burden on the withdrawing spouse. §10 lets either party obtain a decree of judicial separation on any divorce ground; the duty to cohabit is suspended, and the decree can be rescinded later if the court thinks just.
2 sections · MVP coverage
Restitution of conjugal rights
Where a spouse has withdrawn from the society of the other without reasonable excuse, the aggrieved spouse may petition the district court for a decree of restitution; the burden of proving reasonable excuse lies on the withdrawing party.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Judicial separation
Either spouse may sue for judicial separation on any §13 divorce ground (and a wife also on §13(2) wife-specific grounds); during separation the duty to cohabit ends, and the court may rescind the decree on application if just.
(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.