Kamal & Co. Advocates

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Concept of restitution of conjugal rights owes its origin to the ancient times when the institution of marriage was based on proprietary rights of the husband. Living together is a requirement of marriage for both partners. The Indian judiciary has upheld an incredibly outdated and petty context, stating that a wife’s primary duty to her husband is to submit to his authority, live under his roof, and remain safe. Because she was regarded as her husband’s property, the wife was obligated to live in his company at all times. Even if the husband and wife decided to live apart, that arrangement was deemed null and void since it went against public policy.

Under Hindu Marriage Act of 1955, sec 9 refers to Restitution of Conjugal Rights. It is a generally accepted norm that each spouse should act as a support to other in hard times, should be there to comfort and love the partner. But if any of the partner leaves the other without any reasonable or sufficient cause, then the aggrieved party can knock the doors of the court to seek justice.

When one spouse leaves the other or withdraws the company of the other without any reasonable reason, the aggrieved spouse may go to the court for seeking remedy.

The procedure to be followed –

  • Filing a Petition: The aggrieved spouse files a petition in the family court.
  • Court’s Satisfaction: The court must be satisfied that the withdrawal is without reasonable cause.
  • Issuance of Decree: If satisfied, the court issues a decree for restitution of conjugal rights.
  • Compliance: The spouse must comply with the decree and resume cohabitation.