Restoration of conjugal rights has become a major topic In today’s generation. In this article you will learn more about its history and how to file for it among other facts.
Many people consider marriage as a sacrament and a blessed union between a husband and a wife. However, in the marriage, some disagreements may arise between the two parties. This might be because either the husband or the wife is doing something against the will of the other. Another reason might be because, either the husband or the wife is not enjoying the rights of marriage stated under the constitution. In a marriage, these rights are known as conjugal rights. In this article, we will discuss the steps involved in the restoration of conjugal rights in India, including the legal provisions, court procedures, and important considerations for couples seeking to restore their marital relationship.
If a spouse does not enjoy these rights, he has the right to file a case in court and this is called restoration of conjugal rights. The simple definition of restitution of conjugal rights is the act of reconstructing a relationship between a wife and a husband. The reason is, to enjoy the marriage at the comfort of each other.
The restoration of conjugal rights has retained its significance in India on the ongoing debate about criminalizing marital rape. This has led to interested parties to issues on family law challenging this law in the supreme court. Recent court announcements have changed our understanding of privacy and equality hence a great bearing on the restitution of conjugal rights. Its constitutionality was first settled by an English supreme court.
History of Restoration of Conjugal Rights
Some of the cases in this particular field give us an insight into the origin and evolution of the term restitution of conjugal rights. It was introduced in India by the colonizers. All the religions including Hindus, Muslims, and Christians started following this law. The traditional beliefs also stated that marriage was like a property deal the wife was part of the husband’s possessions like other things.
What Are the Conjugal Rights That Apply for Both the Husband and the Wife?
As we all know, these rights are created by marriage to fulfill the rights of the husband or the other. The law considers these rights in personal cases dealing with divorce and in crime cases of payment of maintenance and dowry to a partner. These rights include comfort, companionship, love, and sexual rights. Some states also allow prisoners to enjoy conjugal rights by allowing annual visits by their spouses. The husband, on the other hand, has a right to file a petition for sexual rights privileges with or without the wife’s whereabouts.
Who Can Seek Relief?
According to Indian law, both the husband and the wife can seek relief from the law. If either of the spouses, without any reasonable excuses, does not live with the other spouse, the latter aggrieved party can approach the court for restitution of conjugal rights. For example, a wife leaves his husband without a reasonable excuse even though they are married legally. The husband can apply by petition to the high court for restitution of conjugal rights. Next, the court will look into two matters:
- The truth of the statement made in the petition
- Whether there are other legal grounds on which the application should not be granted
If the petition passes this test, the court may decree the restoration of conjugal rights. It does not force the wife to stay with the husband or the husband to stay in a forced marriage. However, the court may fail to grant restitution of conjugal rights due to any of the following reasons
- If there is existence of under performance of any of the spouse
- If the wife fails to fulfill her marriage obligations
- If the husband refuses to pay his dowry on time
- If either of the participants remarries
- If either of the spouse has any kind of illness i.e., mental illness
Why Is the Relief Given?
The court, in its rulings, has provided a remedy for either of the participants to reclaim the company of the spouse who has left without a good or no reason. This is mainly done to protect the legality of the marriage institution.
Procedure For Restoration of Conjugal Rights
Below is the procedure to follow during restoration of conjugal rights
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Consult a Public Lawyer
In this step, the lawyer will guide you in your case after understanding the situation of your particular issue. He will explain to you whether it’s right to file a petition or not.
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Petition Filing
Once you have received guidance from the lawyer and you have decided that you can file a petition, then visit your nearest district court or a supreme court and then ask your lawyer to file a petition.
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Petition Copy to the Participant
A copy of the petition is sent to the participant after a successful hearing from the district court.
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Appearing Before the Court
The court will require both participants to appear before the judge. If they are not available, another date is set for the participants to show up.
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Counseling
After hearing, the couple may undergo counseling which is done by the family courts. The parties are required to attend three to four times in a period of four months.
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Court Declaration
Based on the court proceedings, counseling, and after hearing both parties the court finally issues a decree. In the declaration, the ruling might favor any of the spouses based on the hearing.
What Are the Disadvantages of the Restoration of Conjugal Rights?
If a decree is awarded by the court both the husband and the wife need to stay together. If either of the party doesn’t follow the court’s order within one year then it becomes a criterion for divorce. It also impacts the wife and exposes her to forced sex or marital rape, life disturbance or job denial. This clearly means the first case seeking conjugal rights has no meaning leading to divorce which is a disadvantage of restoration.
What Are the Advantages of This Section of the Law?
Restoration of conjugal rights can be a good section of the law and at the same time can be a marriage breaker in many homes. One of the importance of this part of the law is that it is a remedy aimed at maintaining the marriage and not breaking it in the case of judicial separation or divorce. This section of the law also seeks to protect conjugal rights as it will prevent the husband from staying away from the wife or vice versa, without any legal reason. Its main aim is to help prevent the separation of husband and wife thus saving the marriage.
Conclusion
Marriage is one of the most important and critical part of life. Therefore, when making decisions concerning marriage you have to think critically on the consequences that may arise. However, as a woman, if your rights are being violated and you are not enjoying marriage as you should then it’s the high time you visit any lawyer or counselor on how to go about it. Get in touch with Vakilsearch for any help that you may need.
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