Restitution of Conjugal Rights

Conjugal Rights by defination means the sexual rights or privileges implied by, between a man & women involved in the marriage relationship i.e. the right of sexual intercourse between husband and wife.

It is another important remedy provided by law to the spouses. In case, where the husband or wife leave the company and society of the other spouse without any valid reason or excuse, then a case for restitution of conjugal rights can be filed in the Court by the aggrieved party. Law provides that when either husband or the wife withdraws from the company and society of the other, the aggrieved party can apply to the Court for a direction from the court, that the other party should abide the conjugal rights of the pary and live with him or her. (Section 9 of the Hindu Marriage Act). Such a petition is to be filed before the District Judge. But the execution of the decree of restitution of conjugal rights is difficult, the decree of restitution of conjugal rights can only be passed in case of valid marriages. The Court directs the defaulting spouse to re-join the company and society of the aggreived spouse unless there is a strong excuse for justifying such withdrawal from the company or society.

A husband has the right on the wife, to require his wife to live with him wherever he resides or may choose to reside and on the other hand, it is corresponding duty of the wife to live with her husband whereever he is residing. However, there could be circumstances which compels the spouses to live in different places. These prevailing circumstances causing hindrance may furnish reasonable or just excuse to the wife to live at a different place away from the husband. Here it is for the Court to decide as to whether the circumstantial issues permit the wife to reside apart from her husband.

Otherwise, the petitioner is to satisfy the Court that the other party has without reasonable excuse withdrawn from his or her society. So, if your spouse has without reasonable excuse withdrawn from your society, you may file petition before the District Judge. When you file such a petition, Court needs to be satisfied, that you have a bonafide desire to live in together and bring your spouse back to your company. If at all the Court finds that your own conduct debars you from seeking this relief of the company of your spouse or a circumstantial facts show that you are taking advantage of your own wrong, Court shall dismiss your petition. (See section 23 of the Hindu Marriage Act).