Skip to main content

Restitution of Conjugal Rights

 Restitution of conjugal rights

By: Robin Pandey                                               Date: 21/February/2022

 The expression “Restitution of conjugal rights” means to restore conjugal rights which were enjoyed by the parties previously. The text of Hindu law recognised the principle "let mutual fidelity continue until death" Hindu law enjoined on the spouses to have the society of each other. While the old Hindu law stressed on the wife's implicit obedience to her husband, it did not lay down any procedure for compelling her to return to her husband against her will. It became necessary to find some remedies and procedures so as to see the marriage tie intact and would not be disturbed by some petty quarrels between the spouses. As a measure of positive relief in the form of restitution of conjugal rights, Section 9 of the HMA grants statutory recognition to the right of the couple to have consortium of each other. Anyone spouse leaving the other without just cause and excuse would be proceeded against by the other in a court of law praying for a decree of restitution of conjugal rights. The concept of the existence of the court's power to give this relief was borrowed from English law. It must be noted here that this is the only positive relief under the Hindu Marriage Act while other remedies tend to weaken or disrupt marriage.

Section 9, HMA reads as under: "When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation: Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society."

Foundation of this Right: It is the well settled principle of law that the foundation of the right to bring a suit for restitution of conjugal rights is the fundamental right of matrimonial law that one spouse is entitled to the society and comfort of the other spouse and where either of the spouses has abandoned or withdrawn from the society of the other without reasonable excuse or just cause there should be a decree for restitution of conjugal rights.

Pre-requisites for grant of Restitution of Conjugal Rights

(1) The respondent has withdrawn from the society of the petitioner. 

(2) The withdrawal by the respondent party is without a reasonable excuse. 

(3) The court is satisfied that the statements made in the petition are true.

(4) There is no legal ground for refusing to grant application.

(A) Withdrawal from the Society: The expression, "society" used in this Section Should be understood as marital cohabitation that is to say that the husband cherishing and supporting his wife as a husband should do and a wife rendering duties as a housewife. Though they may not live under the same roof yet there would be cohabitation in the wider sense of the term if they fulfil the mutual duties to each other as husband and wife.

(B) Desertion and Withdrawal from the Society: In the case of judicial separation under Section 10 read with Section 13 "desertion" has to be proved. The word "desertion" is not used in Section 9. The quality of permanence is one of the essential elements which differentiate "desertion" from ""withdrawal from the society". Failure to render conjugal duties, refusal to stay together or of marital intercourse with the other spouse, would normally constitute withdrawal from the society of the other spouse.

(C) Petitioner must have bona fide Intention: The decree of divorce grantable under Section 13(1A)(ii) is a consequence of the decree of the restitution of conjugal rights. Where it finds that the mind of the petitioner is stuffed more with the idea of divorce than regaining comfort consortium then the court may refuse this relief. If the petitioner wants to use the decree as a stepping stone for divorce in the long run, the court may refuse to grant this decree because the object of the petitioner is not to restore living together. There must be a bona fide desire to resume cohabitation. Restitution will be refused where the petition is rot bona fide or filed with an ulterior motive or where it will be unjust to pass a decree.


Comments

Popular posts from this blog

VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY

  VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY. VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY. (PLEASE READ THE DETAILS CAREFULLY BEFORE APPLYING). KINDLY READ THE FULL DETAILS AND DESCRIPTION VERY CAREFULLY BEFORE APPLYING OR DURING FILLING UP THE REGISTRATION FORM, SO THAT YOU AVOID ASKING UNWANTED QUESTION FOR WHICH THE DETAILS ARE ALREADY GIVEN IN THE FORM. KINDLY SEND THE FOLLOWING DETAILS IN THE GROUP OR DM AFTER FILING THE REGISTRATION FORM OR IN CASE YOU ARE NOT ABLE TO JOIN THE GROUP THEN SEND IT ON OUR OFFICIAL WHATS APP NUMBER IN DM: NAME: PREFERRED MONTH OF INTERNSHIP: PREFERRED DATE FROM WHICH YOU WANT TO START THE INTERNSHIP: PREFERRED MODULE IN WHICH YOU WANT TO JOIN AS SELECTED BY YOU: LAC-VIP – An initiative of Lexis and Company At LAC our motto is to strive for legal excellence, by assuring (instead of making sure) that all the demands of our clients are fulfilled as per their convenience and that they leave fully satisfied from the services we provide. At Le

URGENT HIRING FOR JUNIOR ASSOCIATE - LEGAL (LEVEL - 1)

  Junior Associates - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS. Position: Junior Associates - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. (First three months the associate will be on probation and training, and during this period no salary or stipend will be paid, after 3 months of regular service upon meeting the required number of working days and performance evaluation, the associates will be eligible for this pay band.) Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for Law Students for the position of Junior Associates - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any Law Students of 3 Years or 5 Years Law/LLB progra

HIRING FOR PHYSICAL INTERNSHIP PROGRAMME (LAC-PIP) AT LEXIS AND COMPANY - LAW FIRM

    WE ARE URGENTLY LOOKING FOR LAW STUDENTS, OR NEWLY ENROLLED ADVOCATES FOR  PHYSICAL INTERNSHIP PROGRAMME  AT OUR LAW FIRM IN JANAKPURI, NEW DELHI. PHYSICAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY LAW FIRM IS A UNIQUE AND CUSTOMIZED LEGAL TRAINING PROGRAMME FOR LAW STUDENTS AND ADVOCATES WHO WANTS TO BUILD THEIR CAREER IN LITIGATION AS AN INDIVIDUAL PRACTITIONER OR JOIN ANY CORPORATE LAW FIRM. (PLEASE READ THE DETAILS CAREFULLY BEFORE APPLYING).  CANDIDATES WHO ARE READY TO WORK PHYSICALLY AT OUR OFFICE IN JANAKPURI, NEW DELHI, SHOULD ONLY APPLY. CANDIDATE LOOKING FOR ONLINE JOB OR WORK FROM HOME JOB OR FREELANCE JOB OR PART TIME JOB SHOULD APPLY FOR OUR VIRTUAL INTERNSHIP PROGRAMME. QUALIFICATIONS: CANDIDATE WHO ARE EITHER LAW STUDENTS OR NEWLY ENROLLED AS AN ADVOCATE LOOKING TO LEARN AS A BEGINNER SHOULD ONLY APPLY. WORKING DAYS: MONDAY TO SATURDAY, 9:00 AM TO 06:00 PM. (PHYSICAL ONSITE) THIS JOB IS MORE OF A LEARNING OPPORTUNITY ONLY FOR LAW STUDENTS AND NEWLY ENROLLED ADVOCATE