What is Restitution of Conjugal Rights – Restitution of conjugal rights is a legal remedy available to married couples in India, which allows one spouse to petition the court for the return of conjugal rights that have been denied by the other spouse. This remedy is based on the fundamental principle that marriage is a sacred and legal institution, and it imposes a duty on both parties to live together as husband and wife.
What is Restitution of Conjugal Rights
Section 9 of the Hindu Marriage Act, 1955, deals with restitution of conjugal rights. According to this section, either spouse may file a petition in court seeking the restitution of conjugal rights if the other spouse has withdrawn from the society of the petitioner without reasonable cause.
The petition for restitution of conjugal rights can be filed in the court where the couple last lived together or in the court where the respondent resides.
If the court is satisfied that the petitioner’s claim is true, it may pass a decree for restitution of conjugal rights. The decree requires the respondent to return to the petitioner and live together as husband and wife.
However, it is important to note that restitution of conjugal rights is a controversial and sensitive issue, and the court must carefully consider the circumstances of each case before passing a decree.
In some cases, the respondent may have valid reasons for refusing to live with the petitioner, such as domestic violence or cruelty. In such cases, the court may refuse to grant a decree for restitution of conjugal rights.
Furthermore, the remedy of restitution of conjugal rights has been criticized for being outdated and patriarchal. Critics argue that it goes against the principles of individual autonomy and the right to privacy. They also point out that it puts undue pressure on the spouse who has withdrawn from the society of the petitioner, and may lead to the perpetuation of an unhappy or abusive marriage.
Conclusion –
In conclusion, restitution of conjugal rights is a legal remedy available to married couples in India. However, it is a controversial and sensitive issue, and the court must carefully consider the circumstances of each case before passing a decree. While this remedy may be useful in some cases, it is important to recognize that it may not be the best solution for every couple facing marital problems. Couples should seek professional counseling and explore alternative options before resorting to legal remedies.