What is Restitution of Conjugal Rights?
What is restitution of conjugal rights? The restitution of conjugal rights allows one spouse to file a petition in a court of law for the return of conjugal rights that have been denied by the other spouse.
What is restitution of conjugal rights? The restitution of conjugal rights has been specified in section 9 of the Hindu Marriage Act, 1955 as “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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”.
As per this section, either spouse may file a petition in the court seeking the restitution of conjugal rights when the other has withdrawn from the society of the petitioner without any reasonable cause.
The petition for restitution of conjugal rights can be filed in the court where the couple last lived together or in the court where the respondent resides.
When the court is fully satisfied that the petitioner’s claim is true and his/her spouse left the society of the petitioner without any reason then the court may pass a decree for restitution of conjugal rights. Therefore, the decree requires the respondent against whom the decree has been passed to return to the petitioner and live together as husband and wife.
However, it is important to note that restitution of conjugal rights is a very sensitive issue and the court must carefully consider the circumstances of each case before passing a decree.
In some cases, the respondent may have valid reasons for refusing to live with the petitioner, such as domestic violence or cruelty to the respondent. In those cases, the court may refuse to grant a decree for restitution of conjugal rights.
Furthermore, the remedy of restitution of conjugal rights has been criticized for being outdated and patriarchal. Moreover, some people argue that the restitution of conjugal rights is against the principles of individual autonomy and the right to privacy under Article 21 of the Constitution of India. They also point out that it puts undue pressure on the spouse who has withdrawn from the society of the petitioner, and may lead to the perpetuation of an unhappy or abusive marriage.
What is Restitution of Conjugal Rights Under Christian Law
In India, Christians have the right to seek restitution of conjugal rights under the Indian Divorce Act, 1869, through Sections 32 & 33. It allows under section 32 either spouse to file a petition in the district or high court if one has unjustly withdrawn from the other’s society. The court may grant restitution of conjugal rights after verifying the claims and finding no reasonable excuse to reject the petition. Section 33 specifies that only issues not leading to nullifying the marriage or a judicial separation lawsuit can be raised in defence against a restitution request.
What is Restitution of Conjugal Rights Under Muslim Law
In Muslim law, if a spouse unjustly withdraws from the other’s society or fails marital obligations, the court may decree restitution of conjugal rights to secure the aggrieved party’s rights. This is about ensuring legal rights and was traditionally associated with the specific performance of a contract. Unlike other laws, Muslim law requires a lawsuit for restitution instead of a petition.
Restitution can only be claimed in a legal marriage and is discretionary and equitable relief. If a wife refuses to live with her husband without a valid reason, he may file a lawsuit and she can request the fulfilment of marital responsibilities. The court generally supports the wife, requiring strict evidence for matrimonial relief, making this remedy not an absolute right. The husband has authority but is directed by the Quran to treat his wife kindly.
Frequently Asked Questions
What is restitution of conjugal rights?
The restitution of conjugal rights allows one spouse to file a petition in a court of law for the return of conjugal rights that the other spouse has denied.
What are a wife’s conjugal rights?
The rights of either spouse of a marriage, include the right to the other’s consortium (company), cohabitation (sexual intercourse), and maintenance during the marriage.
Can the wife deny restitution of conjugal rights?
The marriage remains a valid marriage; a decree for restitution of conjugal rights cannot be refused. In Muslim law under Section 2 (vii) of the Dissolution of Muslim Marriage Act, 1939 when the marriage has been avoided in the exercise of the option of puberty the suit for restitution of conjugal rights fails.
What is restitution of conjugal rights has been discussed in this article. The provisions relating to the restitution of conjugal rights can be seen under section 9 of the Hindu Marriage Act, 1955.