Restitution of Conjugal Rights

LEGAL PROVISIONS RELATING TO THE RESTITUTION OF CONJUGAL RIGHTS

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Section 13 provides the right to married couples to claim for divorce within one year of passing a decree of restitution if the team can't comply with the decree. This remedy is also used as a defence in maintenance cases regarding section 125 of the Cr.p.c.

Under the Special Marriage Act of 1954, it is given under Section 22.

The provisions read identically and are as follows –

When either of the spouses has withdrawn from the society of the other without a reasonable reason, the aggrieved party may file a suit to the district court for restitution of conjugal rights. After being satisfied with the petitioner’s arguments and confirming that there is no legal embargo on such a claim, the court can decree restitution of conjugal rights.

CONDITION TO BE PROVED FOR DECREE OF RCR

In a suit for a decree for restitution of conjugal rights, the petitioner needs to prove the following conditions –

1. The opposite party withdraws from the society of the petitioner.
2. Withdrawn is unjustified

PROCEDURE OF RESTITUTION OF CONJUGAL RIGHTS

After filing the petition, a copy will be sent to the other party along with the hearing date; after that, both parties should appear before the court on the mentioned dates and will be sent for counselling sessions by the court. Usually, the court recommends three sessions every twenty days between sessions which continue for four months. The judge finally passes a decree depending on the parties’ statement and the counselling held.
In the case of Sushila Bai v. Prem Narayan, the court ordered the restitution of conjugal rights.

For more information and personal assistance

Deepti Dogra and Associate

Phone no.-8989696931

Email- [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030