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What is Restitution of Conjugal Rights?

Restitution of conjugal rights is a legal remedy designed to address situations where one spouse has unjustifiably withdrawn from the company of the other. This provision allows the aggrieved spouse to file a petition in court, seeking the restoration of marital cohabitation and companionship. The primary objective of this remedy is to preserve the sanctity of marriage and promote reconciliation between the spouses.

Laws Governing Restitution of Conjugal Rights in India

In India, restitution of conjugal rights is governed by various personal and family laws, including:

• The Hindu Marriage Act, 1955: Under Section 9, this act provides for restitution of conjugal rights for Hindus, including Buddhists, Sikhs, and Jains.
• The Indian Divorce Act, 1869: Applicable to Christians, this act includes provisions for filing restitution of conjugal rights petitions.
• The Parsi Marriage and Divorce Act, 1936: Pertains to Parsis and outlines similar provisions for restitution of conjugal rights.
• The Special Marriage Act, 1954: Covers individuals from all religions and interfaith marriages, providing a legal framework for restitution of conjugal rights.
• Muslim Personal Law: Recognized under Islamic law, restitution of conjugal rights is also a remedy available to Muslims in India.

The courts may pass a decree for restitution of conjugal rights if they are satisfied that the withdrawal by one spouse was without reasonable cause. However, non-compliance with such a decree can lead to further legal consequences, including divorce proceedings.