Restitution of Conjugal Rights
Restitution of Conjugal Rights is a legal remedy available under certain personal laws (like Hindu, Muslim, Christian, and Parsi laws in India and some other countries) that allows a spouse to petition the court to compel the other spouse to resume cohabitation and marital duties when they have withdrawn from the relationship without reasonable cause.
📘 Definition:
Restitution of Conjugal Rights refers to the restoration of marital rights, particularly living together, which may include companionship, consortium, sexual relations, and mutual comfort and support.
🧑⚖️ Legal Provision in India:
Under Section 9 of the Hindu Marriage Act, 1955:
"When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition for restitution of conjugal rights..."
Similar provisions exist under:
Section 22 of the Special Marriage Act, 1954
Muslim personal law (uncodified, but recognized)
Indian Divorce Act (for Christians)
✅ Essentials to Prove:
To succeed in such a petition, the petitioner must prove:
Valid marriage between the parties.
Withdrawal from cohabitation by the respondent.
Withdrawal is without reasonable excuse.
The petitioner is willing to resume cohabitation.
🧾 Example Scenario:
If a wife leaves the matrimonial home and refuses to return without just cause, the husband can file for restitution of conjugal rights.
The court may order her to return, if it finds no valid reason for her departure.
🧨 Criticism & Controversy:
Many argue that the remedy is archaic and violates privacy and autonomy, especially under Article 21 (Right to life and personal liberty) of the Indian Constitution.
The Supreme Court of India in the 1984 case Sarla Mudgal v. Union of India acknowledged the need to rethink personal laws.
In Joseph Shine v. Union of India (2018), the court emphasized sexual and personal autonomy, fueling further debate on whether this provision is still constitutionally valid.
💡 Recent Developments:
As of now, Section 9 of the Hindu Marriage Act remains valid, but its constitutional validity has been challenged, especially post the 2017–2018 judgments related to privacy and autonomy (e.g., Puttaswamy case, Navtej Singh Johar case).
⚖️ Remedies Against the Order:
If the order is disobeyed, it can be a ground for divorce under cruelty or desertion.
However, the order itself is civil, not criminal — you can’t be jailed for non-compliance, but it has legal consequences.
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