Restitution of Conjugal Rights is a legal provision that allows one spouse (petitioner) to file a petition in the court to compel the other spouse, who is the 'respondent'. Further, this legal remedy is primarily based on the concept of preserving the sanctity of marriage. The grounds for the restitution of conjugal rights are as follows: Desertion - If one of the spouses abandons their partner, i.e. has left the matrimonial home without any justification. Withdrawal from Society - When one spouse has refused to live with the other without any valid grounds. Further, the respondent's spouse can make some defences against the Restitution of Conjugal Rights petition. Some of the defences are as follows: Cruelty - If the petitioner has subjected cruelty to the respondent. Adultery - If the petitioner has committed adultery. Insanity - If the petitioner is of the unsound mind. Desertion by the Petitioner - If the petitioner has deserted their spouse at some point in time. Other Reasonable Causes - Any other morally or legally justifiable reason for not cohabiting with the petitioner.
The Hindu Marriage Act, of 1955 primarily governs these remedies for the Hindus, Jains, Buddhists, and Sikhs. The Section 9 of the Hindu Marriage Act, 1955 provides for the restitution of the conjugal rights.
The act applies to inter-religious marriages, and the marriages recognised under the act. The section 27(2) of the Special Marriage Act, of 1954 provides for the restitution of the conjugal rights.
This act applies to Christians and Parsis. The Section 10 of the Indian Divorce Act provides for judicial separation, which is a similar concept to the restitution of conjugal rights.
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If the respondent fails to comply with the court's order to stay together, it can be considered as a ground for divorce. However, the court may grant the divorce after a period of two years from the date of the decree for restitution of conjugal rights.
The relevance of the restitution of conjugal rights has been debated recently. Many argue that this remedy is outdated and infringes on individual rights. Also, there have been calls for abolition or modification of the restitution of conjugal rights, as the marriage dynamics have changed drastically.
The petition for the restitution of conjugal rights can be filed by either the husband or the wife if the respondent spouse has refused to live with the other spouse without any valid reason or has deserted the other spouse.
The petition for Restitution of Conjugal Rights is filed in the family court or district court by either of the spouses. Further, the petition must be followed by documents like a marriage certificate, proof of residence, etc. The court then issues a notice for the respondent, requiring them to appear before the court and respond to the petition.
Enforcing a decree for the Restitution of Conjugal Rights can be challenging. The court might issue orders to the respondent to return to the spouse or matrimonial home but there is no guarantee of compliance. Further, if the respondent refuses to agree, the petitioner may have to go for other legal remedies, which can be tedious and expensive.