What is Restitution of Conjugal Rights by Diwakar Prakash Garg, Intern at ubAdvocate

Diwakar Prakash Garg
Intern At ubAdvocate- www.linkedin.com/company/ubadvocate
prakashdiwakar0078@gmail.com
Link for Form of Internship
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What is Restitution of Conjugal Rights

"Restitution of Conjugal Rights is a legal remedy available under the Hindu Marriage Act, 1955, where either spouse can file a petition seeking a court order to direct the other spouse to resume cohabitation with them. The remedy is based on the principle that marriage is a sacred institution, and it is the duty of both the husband and the wife to cohabit and fulfill their marital obligations towards each other.

Section 9 of the Hindu Marriage Act, 1955 provides for restitution of conjugal rights. The section states that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may approach the court for a decree of restitution of conjugal rights.

To file a petition for restitution of conjugal rights, the petitioner must provide evidence of the marriage, evidence of the refusal of cohabitation by the other spouse, and evidence of the willingness of the petitioner to resume cohabitation. The court will then issue a decree directing the respondent to resume cohabitation with the petitioner.

However, it is important to note that this remedy is not an absolute right and can be denied by the court if the refusal to cohabit by the respondent was justified. The court cannot force either spouse to engage in sexual activity if they do not wish to do so.

In the case of Saroj Rani v. Sudarshan Kumar Chadha (1984), the Supreme Court of India held that the remedy of restitution of conjugal rights should be exercised sparingly, and only after the court is satisfied that the petitioner is willing to fulfill his or her marital obligations towards the respondent. The court also held that if the respondent has reasonable grounds for refusing to cohabit, such as cruelty or adultery, the court should not grant the decree of restitution of conjugal rights.

In conclusion, the remedy of restitution of conjugal rights is available to spouses who seek to save their marriage. However, it should be exercised with caution, and the court should take into account the facts and circumstances of each case before granting the decree."

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