Learn who can file restitution of conjugal rights under Section 9 of the Hindu Marriage Act, along with the procedure for obtaining this legal remedy.
Restitution of conjugal rights is a legal remedy available to spouses who are estranged from each other and are seeking to be reunited. This remedy is provided under Section 9 of the Hindu Marriage Act, 1955, and is available to spouses who have been separated for a certain period of time. In this article, we will explore who can file restitution of conjugal rights and the various aspects of this legal remedy.
What is the Restitution of Conjugal Rights?
Restitution of Conjugal Rights is a legal remedy available under the Hindu Marriage Act, 1955, which allows a spouse to seek the restoration of conjugal rights after a period of separation from the other spouse. Section 9 restitution of conjugal rights, refers to the legal remedy available to spouses under Section 9 of the Hindu Marriage Act.
This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable excuse. The purpose of the remedy is to reunite the spouses and restore their marital relationship.
Who Can File Restitution of Conjugal Rights?
Under Section 9 of the Hindu Marriage Act, either the husband or the wife can file restitution of conjugal rights. It is important to note that this remedy is available only to legally married spouses and belongs to the Hindu community. If the marriage is not legal, this remedy cannot be availed.
The term ‘conjugal rights’ refers to the right of a spouse to have marital intercourse with his/her partner. It is one of the fundamental rights of marriage and is an integral part of the institution of marriage. However, it is also important to note that this remedy does not provide an absolute right to either spouse to demand sexual intercourse from the other. It only provides a legal remedy for spouses to be reunited and live together as a married couple.
Conditions to File Restitution of Conjugal Rights
If seeking to file restitution of conjugal rights, it is crucial for the petitioner to demonstrate that the other spouse has unreasonably withdrawn from their society and refused to live with them, without any fault on the petitioner’s part.
It is also important to note that the withdrawal must be continuous for at least one year. If the spouses have been living separately for less than a year, the petition for restitution of conjugal rights cannot be filed.
When Can the Petition Be Filed?
The petition for restitution of conjugal rights can be filed as soon as society’s withdrawal has continued for one year. There is no need to wait for a longer period. However, it is also important to note that the remedy of restitution of conjugal rights is not mandatory. The court has the discretion to either grant or reject the petition based on the facts and circumstances of the case.
Procedure to File Restitution of Conjugal Rights Petition
Here is the procedure for filing a petition for restitution of conjugal rights
Step 1: File the Petition
The petitioner must file restitution of conjugal rights petition in the district court where the parties last resided together.
Step 2: Affidavit
The petition must be accompanied by an affidavit stating the facts and circumstances of the case. The petitioner must also mention why the other spouse has withdrawn from society.
Step 3: Court Notice
The court will then issue a notice to the other spouse, asking him or her to appear in court and file a reply to the petition.
Step 4: Court Appearance
If the other spouse appears in court, he or she can contest the petition and a trial will be conducted. If the other spouse fails to appear, an ex-parte order may be passed.
Step 5: Decree
If the court is satisfied that there has been a withdrawal of society without any reasonable excuse, it may pass a decree for restitution of conjugal rights.
Step 6: Compliance
If a decree for restitution of conjugal rights is passed, the other spouse must comply with the order. If the other spouse fails to comply, the petitioner can file for contempt of court.
Effect of the Decree
If a decree for restitution of conjugal rights is passed, then the other spouse must comply with the order. If the other spouse fails to comply with the order, the petitioner can file for contempt of court.
However, it is also important to note that the remedy of restitution of conjugal rights is not a guarantee of a happy marriage. It is only a legal remedy to reunite estranged spouses. If the parties cannot live together peacefully, they may seek other legal remedies, such as divorce or judicial separation.
In addition, the remedy of restitution of conjugal rights has been criticised by some, who argue that it violates the fundamental right to privacy and personal autonomy. They argue that the court should not force a person to live with another if they do not want to.
However, the remedy of restitution of conjugal rights is still available under the law, and many couples have been successfully reunited through this legal remedy.
Conclusion
The remedy of restitution of conjugal rights is available to spouses who have been separated for a certain period of time and want to be reunited. The husband or the wife can file a petition for these rights, provided that certain conditions are met. Section 9 of the Hindu Marriage Act provides a legal solution for spouses seeking these rights.
The remedy is not mandatory, and the court can grant or reject the petition. If the court passes a decree for restitution of conjugal rights, then the other spouse must comply with the order. While the remedy of restitution of conjugal rights has been subject to criticism, it is still available under the law and has helped many couples reunite.
For individuals seeking to file this petition, online legal service provider Vakilsearch can assist in the legal procedures, documentation, and filing requirements.
