Restitution of Conjugal Rights

Restitution of conjugal rights is a petition filed by a husband or wife as a remedy to restore their rights to cohabiting with the other spouse. The guilty party can be directed to live with the aggrieved party through a decree of restitution of conjugal rights.

The attachment of property can be used to enforce the decree of restitution of conjugal rights and the court may also punish him/her for contempt of court if the party complained against still does not comply. But under no conditions, the court can force the erring spouse to consummate the marriage.

There are three important requisites to be fulfilled:

  • Spouses must not be staying together.
  • Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
  • The aggrieved party must apply for restitution of conjugal rights.

Documents Needed

  • Address proof of husband
  • Address proof of wife
  • Marriage certificate
  • Photographs of the marriage of husband and wife
  • Evidence proving spouses are living separately for more than a year


It involves drafting of the application and filing it in the concerned civil court.

The advocate will also be appearing on your behalf in all the hearings of your petition.

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