What is Restitution of Conjugal Rights
Restitution of conjugal rights is a civil remedy available in marital relationship between husband and wife. In this a husband or wife can file for restoring of right of cohabitation with the spouse. Marriage is matter of personal laws in India. There is no specific uniform law for the same.
Under the Hindu law, section 9 of the Hindu Marriage Act, 1955 it is given that If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
Objective of this provision is to save marriages. If the suit succeeds then the couple would be needed to stay together.
Necessary Conditions
1. The spouses must not be staying together.
There is no reasonable ground for one of them to withdraw from the company of the other.
2. The petition must be filed by the aggrieved party.
When the Remedy shall not be Granted
1. If there is a scope to seek other matrimonial reliefs.
2. If there was any matrimonial misconduct committed by the petitioner.
3. If the actions of the petitioner makesit impossible for the other spouse to live with him/her.
Burden of Proof
The burden to prove that the other spouse has withdrawn from the society of the petitioner is on the latter.
Place of Suit
Marriage is a matter of civil nature. A suit for restitution of conjugal rights can be introduced where:
i. The marriage took place.
2. The husband and wife stayed together.
3. The husband and wife last stayed together.
Necessary Documents for the Petition
1. Address proof of both the spouses.
2. Marriage Certificate
3. Photographs of marriage
4. Evidence proving that spouses are living separately for more than a year.
How the Application is Filed
The application for restitution of conjugal rights is filed directly in the concerned civil court that has the power to hear such a matter. You can appoint a lawyer to appear on your behalf.
When the court is satisfied with the contentions, the court may pass a degree in your favor.
Appeal form any such court order shall lie in the concerned High Court.
To file application for RESTITUTION OF CONJUGAL RIGHTS click here.
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