Procedure to Claim Conjugal Rights Restitution

What is a Restitution of Conjugal Rights?

– Marriage brings with it a variety of (sexual) rights and advantages, known as conjugal rights.  – The rights and benefits of marriage are mostly implicit. This means the right to remain or live together. “Restitution of Conjugal Rights” refers to the right to live together as a married couple.

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How does one bring a lawsuit under Section 9 of the Constitution?

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– It is possible to petition the family court for a decree of cohabitation if one spouse denies cohabitation. The court has the power to seize property if a judge’s order is ignored. A High Court or the Supreme Court may hear an appeal, though.

Restitution of Conjugal Rights Procedure

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– Speak with an Attorney

 Restitution of Conjugal Rights Petition may be filed in the District Court or a Court of sufficient jurisdiction after the injured party has chosen to pursue it. Following an in-depth discussion with you, the attorney will begin drafting your petition. Application before the High Court or Supreme Court might be used to transfer a petition.

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–  A copy of the petition

After a District Court hearing, a copy of the Petition will be provided to the Respondent, i.e. the husband.

–  Attendance in Court

Both parties must appear before the Hon’ble Judge at the next hearing. It’s possible that if both parties are unavailable, a new date will be set for the meeting.

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–  Counselling

The court may decide to send both husband and wife to therapy after hearing from the attorneys. Family courts usually carry out the process, and the couple must appear three to four times. Counselling sessions might last anywhere from three to four months.

–  Decree

The Court eventually gives the order based on the processes in court, the counselling, and after hearing both the parties and considering the behavior of the married couple

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