Home Law Matrimonial Everything you need to know about Conjugal Rights

Everything you need to know about Conjugal Rights

Everything you need to know about Conjugal Rights

This article is presented by Himani Sharma, CS Finalist from Institute of Company Secretaries of Inida

Marriage is administered by Personal laws that administer the terms like divorce, maintenance, custody, and restitution of conjugal rights.

Everything you need to know about Conjugal Rights

restitution of conjugal rights: Everything you need to know about Conjugal Rights
Everything you need to know about Conjugal Rights

Conjugal Rights mean Right to stay together

Hindu Marriage Act, 1955 (Section 9) says 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.

Section 9 is to save the marriage.

The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.

The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.

Three important requisites to be fulfilled for Section 9  

  1. Spouses must not be staying together.
  2. Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
  3. The aggrieved party must apply for restitution of conjugal rights.

The basis for Rejection of Petition for Restitution of Conjugal Rights

  1. If the respondent is capable of claiming any matrimonial relief.
  2. If the petitioner accepts that he has committed any matrimonial misconduct.
  3. If the petitioner’s action makes it impossible for the respondent to stay with him.

Where to the complaint about this?

In the Civil Court in whose jurisdiction –

  1. The parties’ marriage was performed.
  2. The husband and wife stay together.
  3. The husband and wife last stayed.

What the aggrieved party can do?

The aggrieved party can file a petition in the district court. When the court gets satisfied with the aggrieved party’s contentions and when the court finds no reason as to why the aggrieved’s application should not be supported, the court may decree restitution of conjugal rights in the aggrieved party’s favor.

What can be the next step?

The decree of restitution of conjugal rights will be actioned according to the Civil Procedure Code, 1908.

The aggrieved party can approach the High Court challenging the lower court’s decision.

Conclusion

We can say that Section 9 is an attempt to save a marriage. Also, it is one of the proof’s that either husband or wife has tried their level best to save the marriage and this point can be used before the court if there are other cases going on. For example is if the husband files petition under section 9, he can make a statement before the court that he tried his level best to save the marriage but it is the other party who is not interested and vice versa & it may also affect maintenance also.

Also read about Judicial Separation in Hindu Marriages

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