What is Restitution of Conjugal Rights?
What is restitution of conjugal rights? The restitution of conjugal rights is a legal remedy available to married couples in India. The restitution of conjugal rights has been provided in section 9 of the Hindu Marriage Act, 1955.
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| What is Restitution of Conjugal Rights |
The restitution of conjugal rights allows one spouse to file a petition in a court of law for the return of conjugal rights that have been denied by the other spouse.
The restitution of conjugal rights has been specified in section 9 of the Hindu Marriage Act, 1955. As per this section, either spouse may file a petition in the court seeking the restitution of conjugal rights when the other has withdrawn from the society of the petitioner without any reasonable cause.
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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.
When the court is fully satisfied that the petitioner's claim is true and his/her spouse left the society of the petitioner without any reason then the court may pass a decree for restitution of conjugal rights. Therefore, the decree requires the respondent against whom the decree has been passed 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 very 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 to the respondent. In those 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Furthermore, the remedy of restitution of conjugal rights has been criticized for being outdated and patriarchal. Moreover, some people argue that the restitution of conjugal rights is against the principles of individual autonomy and the right to privacy under Article 21 of the Constitution of India. They also point out that it puts undue pressure on the spouse who has withdrawn from the society of the petitioner, and may lead to the perpetuation of an unhappy or abusive marriage.