What is Restitution of Conjugal Rights?
When either spouse has withdrawn from the society of the other without reasonable excuse, the aggrieved party may petition the court for restitution of conjugal rights. If the court finds the application valid and without a legal bar, a decree may be ordered for the spouse to resume marital life. The term \'conjugal rights\' means the right to stay together as spouses and carry out marital obligations.
Essential Requirements of Section 9
- Spouse has withdrawn from the society of the other
- Withdrawal is without reasonable cause
- No legal ground against granting relief
- Court is satisfied of the truth of the application statements
The word "society" here means cohabitation; ceasing conjugal duties amounts to withdrawal from society of the other spouse.
Conditions for Filing
- Spouses must be living separately without reasonable justification
- Affected spouse must file the petition for restitution
Grounds for Rejection
- Petitioner\'s own misconduct
- Respondent entitled to other matrimonial reliefs
- Such circumstances exist that living together is impossible
Jurisdiction & Filing Process
- File petition in district/family court where the marriage was solemnized, last resided together, or where wife currently resides
- Burden of proof is on aggrieved spouse to show the other left without reasonable excuse
- If petition is found valid, court issues notice to the other party and hears both sides before issuing a decree
- Failure to honor the decree for over one year grants grounds for divorce under Section 13(1A), Hindu Marriage Act
Legal Effects and Maintenance
- Remedy preserves the "sacramental" marriage bond
- Wife can seek maintenance under Section 25, HMA, without a separate petition
- Wife/children can seek interim maintenance during proceedings
- Non-compliance with a decree can lead to property attachment
Recent Criticisms and PILs
The remedy is criticized as outdated and infringing upon privacy/personal liberty. PILs have been filed in the Supreme Court questioning Section 9\'s constitutionality, arguing court-ordered marital reunions are inhuman and against personal will. Notably, England (origin of the law) has abolished this remedy.
Who Can Help and How?
If facing domestic violence, cruelty, or dowry-related harassment, consult a lawyer for expert guidance through legal proceedings including restitution, FIR, divorce and maintenance matters.
Conclusion
While Section 9 seeks to preserve marriage, its relevance and humaneness are debated. Use legal expertise for best outcomes in matrimonial disputes.
Article by Adv. Shridevi, Senior Associate, Shoolin Consultancy.