- The phrase “restitution” refers to the process of recovering or restoring something that was lost, whereas “conjugal rights” refers to the legal rights of each spouse to engage in sexual relations (marriage)
- It indicates that the marital ties between the two spouses are being restored or resumed. Rather than exerting pressure on the other spouse, this strategy aims to make life in a marriage easier for everyone involved
- For the court to intervene between the parties and provide the “decree of restoration” to safeguard the wedding, the petition for restitution of conjugal rights is put in place.
- If one spouse refuses to cohabitate, the other spouse may go to the family court to get a court order allowing it.
- If the court’s ruling isn’t followed, it has the power to seize the property in issue
- High Court and Supreme Court decisions may be challenged, however. If one spouse unilaterally files for divorce, the other spouse will often petition to restore conjugal rights
- The clause is seen as a legislative effort to avert a conflict between spouses by striking a conciliatory tone.