Restitution of Conjugal Rights
In this article
Restitution of conjugal rights is a remedy that asks the court to direct a spouse to return to the marital home and live with the other. This article is a general overview.
The provision
Under section 9 of the Hindu Marriage Act, 1955, when a husband or wife has withdrawn from the society of the other without reasonable excuse, the spouse who is aggrieved may apply to the Family Court for restitution of conjugal rights. If the court is satisfied that the statements in the petition are true and that there is no legal ground why the application should not be granted, it may pass a decree. The Act says the burden of proving a reasonable excuse for the withdrawal rests on the person who has withdrawn. The Special Marriage Act, 1954 has a similar provision in section 22.
What the decree does and does not do
A decree of restitution of conjugal rights is directed at the spouse who withdrew. Courts do not physically enforce it. If the decree is not complied with for one year or more, either spouse may seek divorce on that ground under section 13(1A) of the Hindu Marriage Act.
Challenges to the remedy
The remedy has been challenged as an interference with personal liberty. High Courts have taken different views at different times, and the Supreme Court upheld the provision in Saroj Rani v. Sudarshan Kumar Chadha (1984). Readers should check the present state of the law before relying on it.
Related topics
A spouse who does not wish to live together may instead consider judicial separation or divorce. Where the parties agree to part, see mutual consent divorce.
