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restitution of conjugal rights

English · Family and succession

Meaning. A matrimonial remedy by which a court orders a spouse who withdrew from the other's society without reasonable excuse to return.

Under s.9 of the Hindu Marriage Act, 1955, when either spouse has, without reasonable excuse, withdrawn from the society of the other, the aggrieved spouse may petition for restitution of conjugal rights.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

See also

judicial separation · divorce · desertion · cruelty

Read more in the study notes

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