restitution of conjugal rights
Under s.9 of the Hindu Marriage Act, 1955, when either spouse has, without reasonable excuse, withdrawn from the society of the other, the aggrieved spouse may petition for restitution of conjugal rights. If the court is satisfied of the truth of the statements and that there is no legal ground to refuse, it may grant the decree. The burden of proving reasonable excuse is on the spouse who withdrew. Similar provisions exist in s.22 of the Special Marriage Act, 1954 and in other personal laws.
The decree cannot be enforced by physical compulsion. Its practical importance is under s.13(1A)(ii) HMA: if there is no restitution for one year after the decree, either party may seek divorce. The Supreme Court upheld s.9 in Saroj Rani; a challenge based on the right to privacy is pending before the Court.
Example
The wife left because of the husband's cruelty, which was a reasonable excuse, so his s.9 petition for restitution of conjugal rights failed.
In Indian law
- Sections 9 and 13(1A)(ii), Hindu Marriage Act, 1955
- Section 22, Special Marriage Act, 1954
- Saroj Rani v. Sudarshan Kumar Chadha, 1984 INSC 134: s.9 HMA upheld
See also
judicial separation · divorce · desertion · cruelty
Read more in the study notes
- Restitution of conjugal rights and judicial separation (Family Law I - Hindu Law)
- Modes of execution: arrest and detention, attachment, and sale (Civil Procedure Code and Limitation Act)
- Original petitions and execution petitions (Drafting, Pleading and Conveyance)
- Divorce under the Hindu Marriage Act (Family Law I - Hindu Law)
- Dower (mahr) (Family Law II - Mohammedan Law)
- The Indian Divorce Act, 1869: dissolution, nullity and judicial separation (Family Law II - Mohammedan Law)