Divorce Law

Section 9 Petition

A common shorthand for a restitution of conjugal rights petition, filed by a spouse seeking a court order for the other to resume cohabitation.

This petition asks the court to direct a spouse who has withdrawn from the marital relationship without reasonable cause to return and resume living with the petitioning spouse.

Even where granted, such a decree cannot be physically enforced against an unwilling spouse; its main legal significance is that continued non-compliance can later support a divorce petition on that ground.

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