Conjugal Rights refer to the rights and responsibilities that a husband and wife have towards each other after marriage. These rights include:
- Right to live together
- Right to companionship
- Right to physical relationship (consensual)
- Right to mutual respect and support
What is Restitution of Conjugal Rights?
If one spouse (husband or wife) leaves the other without a valid reason, the affected partner can go to court and file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955 (for Hindus).
Example:
If a wife leaves her husband and starts living separately without a good reason, the husband can file for restitution. The court can order the wife to return and live with the husband, provided there are no legal or moral objections.
Qualifying Criteria
- The marriage was valid.
- The spouses are not staying with each other.
- The withdrawal of the party from the other is not backed by a sufficient cause.
- The petitioner has a bona fide desire to live with the spouse.
Grounds for Rejection
- If the respondent is eligible for any matrimonial relief.
- If the petitioner makes a confession of any marital misconduct.
- If the actions of the petitioner aren’t conducive for a marital relationship.
- If the couple needs to stay separately for the purpose of employment.
Judicial Separation
Judicial separation could be sought by either of the parties if they do not wish to stay with each other and is unwilling to exercise the option of a divorce. The provision enables the parties to remain alienated from each other without affecting the legality of the marriage. In this respect, it also facilitates the defence of a petition for restitution of conjugal rights. The Hindu Marriage Act facilitates the provision of judicial separation to prevent any abrupt cases of divorce. If the concerned parties continue their separation for a period of one year or more, it qualifies as a ground for divorce. The following are some of the valid grounds for the enactment of this provision: • Any instance of adultery towards the spouse • Any instance of cruelty towards the spouse. • Any instance of desertion of the spouse. • Attempt to convert the spouse into another religion forcibly. • Any of the parties is suffering from a virulent and incurable form of leprosy. • Any of the parties is suffering from a venereal disease which is communicable. The insanity of a spouse • Enrollment of a spouse into any religious order. • The continued absence of a spouse for a period of seven years. • Where a husband opts for a remarriage. • Rape, sodomy or bestiality by the husband. • Pre-mature marriage of the couple (subject to conditions).
Conjugal Rights vs Divorce
The intermingling of a petition for restitution of conjugal rights with that of divorce is still under debate. While some jurisdictional powers opine that a petition for conjugal rights can be supported with an alternative prayer for divorce, the likes of others feel that the prayers concerning conjugal rights and divorce are of a contrasting nature, and hence can’t be made together. Moreover, the general consensus is that the petitions are mutually destructive of each other as conjugal rights is an opportunity to be reunited with one’s spouse, in sharp contrast to the laws of divorce. However, the marriage laws are devoid of any concrete ruling for this purpose.
FAQs
What is restitution of conjugal rights?
It is a legal remedy where a husband or wife can approach the court if the other partner leaves without a valid reason. The court may order the spouse to return and live with the partner.
Which law governs conjugal rights in India?
- Section 9 of the Hindu Marriage Act, 1955
- Section 22 of the Special Marriage Act, 1954
- Muslim personal laws for Muslims
