Restitution Of Conjugal Rights

Restitution of Conjugal Rights

A deserted spouse can use the restitution of conjugal rights against the other party. By an official order, the guilty spouse can be ordered to live together with an aggrieved spouse. It is a process in the religious courts and processing in the court for divorce and matrimonial reasons. It is one of the actions relating to marriage, over which the Christian courts formerly had jurisdiction.

It provides specific legal rights to each party. It states that both the husband and the wife at any point, in time if any of the parties failed or refused to perform his or her duties binding upon him or her without giving any reasonable excuse then, the aggrieved party can seek legal support from the respective district court under the provision of restitution of conjugal rights. Because of this reason, it is also considered a matrimonial remedy.

What is the Restitution of Conjugal Rights?

According to Section 9 of the Hindu Marriage Act, 1955 - when both the husband or the wife, without proper reason, withdrew from the society of the other. The aggrieved party may execute, by petition to the district court, for restitution of conjugal rights. On being satisfied with the efficiency of the statements made in such petition and that there is no proper ground, the court may declare restitution of conjugal rights respectively.

What are conjugal rights?

Conjugal rights mean the right to stay together. The right of sexual intercourse between the husband and the wife. This is considered as the conjugal rights. The Hindu Marriage Act, 1955 Section 9 says if either the husband or the wife, without a solid explanation, withdraw from the society of the other. The aggrieved party may request the court for restitution of conjugal rights.

Requirements of Restitution of Conjugal Rights

• The withdrawal by the respondent from the community of the petitioner.
• The withdrawal is without any reasonable justification or excuse or lawful ground.
• There should be no other lawful ground for denial of the relief.
• The court should be filled with the truth of the observation made in the petition.

Procedure to be followed for restitution of conjugal rights

• The aggrieved spouse files the restitution suit petition in the district court. Later the petitioner assigns the case application to HC.
• The aggrieved spouse files the restitution suit petition in the district court. Later the petitioner assigns the case application to HC.
• Both the parties should rise before the court on the specified dates.
• Then both the parties will be sent to the counseling gatherings by the court. Usually, these courts hold 3 sessions with an interval of 20 days between sessions which goes for four months.
• The judge will finally pass a decree based on the description given by the parties and on the counseling held.

Restitution of Conjugal Rights filed by husband and Wife

The petition for the Restitution of Conjugal Rights can be filed by either party- either by husband or wife.

On What Grounds, The Court Can Pass The Order Of Restitution Of Conjugal Rights?

Following are the valid points on which the court passes the order of restitution of conjugal rights:

• If the petitioner proves in the court that the respondent (spouse) withdrawn from his/her society without giving any reasonable excuse.
• The statement presented by the petition (aggrieved spouse) in his or her petition is true; and
• The court did not find any legal ground, that is, why the aggrieved party should not be given the restitution of conjugal rights.

On What Ground, The Court Cannot Pass The Order Of Restitution Of Conjugal Rights?

Here are some valid points on which, the court cannot grant the restitution of conjugal rights:

• Any ground of such on which the respondent could have asked for the nullity of marriage, decree for judicial separation, or even for the divorce.
• Any conduct on the part of the petitioner or fact that may be compatible with the petitioner taking advantage of his or her wrong or any disability for such relief; and
• Any other reasonable excuse for the withdrawal from the society of the petitioner.

Marital Obligation

Under Section 9, of the Hindu Marriage Act, 1955, if a consent decree for the restitution of conjugal rights is passed, it will not be a nullity. If it is not challenged in an appeal or by way of other solutions available under the law and becomes final. Such an order cannot be ignored; however, if someone does so, it can form a valid ground of divorce proceedings under section 13 (1A) of the Hindu Marriage Act 1955.

Restitution of Conjugal Rights Notice

A legal notice under section 9 of the Hindu Marriage Act asks a spouse who has left the other without any logical excuse, to return. If you don’t get the legal notice about the marriage issues under section 9, then the aggrieved party can request the court for restitution of conjugal rights.

How the court can refuse to grant an order of restitution of conjugal rights?

If the husband either leaves a wife or ignores to make his conjugal obligations without any proper reason, then the wife can demand restitution of conjugal rights. Additionally, a husband can apply for restitution of conjugal rights. But the court can deny granting an order of restitution of conjugal rights for the below reasons:

• The cruelty of husband or in-laws.
• On the failure by the husband to achieve conjugal obligations.
• On non-payment of a quick dower by the husband.

What is judicial separation?

Each party to the marriage may give a petition on any of the grounds declared in the requirements for divorce, praying for an order of judicial separation. A judicial separation is a legitimate way to stay separate from the husband or wife, without getting a judgment of divorce.

It also assists in cases to justify a petition for restitution of conjugal rights. A judicially separated spouse cannot be given a purpose to hold a spouse simply living separately, and who has not received a decree for judicial separation.

There has been no resumption of cohabitation (the state of living together) among the parties to the wedding for one year or upwards, after the passing of the decree for judicial separation, it shall be a ground for separation.

What are the limitations of restitution of conjugal rights

• Even on the refusal of accepting the decree of restitution of conjugal rights, the aggrieved spouse has to wait for one year.
• With the petition of the restitution of conjugal rights, alternatively, the petition of divorce cannot be filled. It is believed that these prayers are mutually destructive of each other; therefore, must be filled after the failure of the previous one.

Documents required for restitution of conjugal rights

• Address proof of the petitioner
• Identity proof of the petitioner
• Proof of marriage
• Photo of the petitioner
• Any document to confirm the jurisdiction of the court

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