Restitution of Conjugal Rights (Law):
Marriage is a religious sacrament which constitutes the very basis of a social entity. It is based upon duties, rights, affection between husband and wife. But when such affection and togetherness goes into hiding, it is necessary to unearth the same through various matrimonial remedies one of which is the restitution of conjugal rights. The word ‘restitution’ refers to restoration and ‘conjugal’ refers to marriage or relating to it, i.e., comfort and affection of the spouses towards each other. When the relation goes haywire, people leave their partners in the heat of the moment or ongoing callousness. If any of the spouses leaves his/her counterpart or withdraws from the society of the other without any reasonable excuse, the latter is entitled to file a petition for the restitution of conjugal rights. The duty of the court is to restore their love and affection by making them live with each other forcefully.
Essentials to be fulfilled:
Important Points to remember while filing a petition for Restitution of Conjugal Rights:
Step-by-Step Petition Filling Process:
Grounds of Rejection of Petition:
Misuse of the petition:
Misuse of this remedy is widely in practise where one spouse files such petition for the restitution of conjugal rights with the knowledge that his/her counterpart would not agree for the restoration of such comfort and cohabitation. Subsequently, it becomes a legal excuse for divorce.
Statutory law References:
Section 9, 13(1A)& 24 ofthe Hindu Marriage Act, 1955
Saroj Rani v Sudarshan Kumar ChadhaAIR SC 1984 1562
T. Sareetha v. T. Venkatasubbaiah A.I.R. 1983 A.P. 356
Do(s) and Dont(s):
For more details visit online legal advice
Jons-info Has A Adsense Enabled Clone Site
Jons-Info.com cannot show your publisher Adsense adverts at the moment, we have decided to create a clone site to give our publishers the opportunity to use Adsense with their articles to create further revenue.
The clone site is jons-info-adsense.com your user details and articles have been copied from jons-info.com as of Tues 29th May 10:00am GMT, please can all users check their login details and make slight changes to their articles please.