Restitution of Conjugal Rights Under Hindu Law


Hindu law says that marriage makes a husband and wife one. For a happy family, marriage and cohabitation are essential. As the world changes, cohabitation has become more of a choice. Since its inception during the British era, restitution of conjugal rights has undergone numerous changes. Hindu restitution of conjugal rights is discussed, along with its history, practice, and current state.

A Brief Introduction 

Under matrimonial law, a married couple has certain legal rights and responsibilities. Marriage implies cohabitation. It is permissible for spouses to join consortiums. It is a legal requirement to live a married life. A spouse can obtain statutory matrimonial relief to reestablish their status as the other subject based on specific facts and circumstances in the event of their separation from the other. You can submit a court petition to resume cohabitation. It is known as restitution of conjugal rights.

An Overview of the Past In either Muslim law or Hindu Dharmashastras, Confederate rights have never been given back. The British introduced it to India. In this regard, Jewish law influenced English law. The restoration of conjugal rights stems from feudal England, when marriage was viewed as a property transaction and wives became part of men’s possessions. As a result, it is frequently regarded as outdated or unsuitable for Indian circumstances. In India, the idea of restitution of conjugal rights was first proposed in a case in 1867. At the time, such actions were regarded as distinct performance considerations.

A set of Rules and Procedures 

A party can apply for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, if their spouse leaves the society of their spouse without a good reason. If the petition is approved by the district judge and there are no legal grounds for the denial, the conjugal rights can be restored.

In the Sushila Bai v. Prem Narayan [4] order of restitution of conjugal rights, the court defined certain circumstances that could qualify as valid defenses.

Respondents have the right to seek matrimonial relief.

The petitioner’s wrongdoing is demonstrated by this evidence.

Marriages are unsuitable when certain things are done or not done.‘[5] The court will grant a judicial separation rather than restitution of conjugal rights under these circumstances. These acts or omissions must be grave in nature, including those that:

The husband may also be a drunkard or a vegetarian, hate or insult the wife, or constantly taunt her for dowry, among other reasons. Stresses the spouse Defends the spouse’s character Resulting in spouse neglect

Conjugal Rights Restitution Decree Execution 

A spouse must file an execution petition to fulfill a decree. By moving the decree to a trial court through execution, the holder of the decree can fulfill the decree. The holder of the decree has the right to the relief it provided upon execution.

Under Order XXI, Rule 32 of the Code of Civil Procedure, a decree restoring conjugal rights is executed:

“If a party has had the opportunity to comply with it but has willfully failed to do so, an injunction or decree for specific performance of a contract, for restitution of conjugal rights, or for specific performance of a contract can be enforced.

In the event of a specific performance decree or injunction, attaching property, or either by attaching his property or both, non-compliance with restitution of conjugal rights.

The holder of the decree restoring conjugal rights cannot compel the judgment to resume cohabitation despite the decree. A divorce petition can be filed by the decree holder if the spouse does not return or resume cohabitation within a year of the authorized restitution. The holder of the decree restoring conjugal rights cannot compel the judgment to resume cohabitation despite the decree. After the restitution has been authorized, the decree holder has one year to file a divorce petition if the spouse does not return or resume cohabitation. The violation of the restitution order would amount to contempt of court. Failure to comply with the order can only result in divorce.

Maintenance and Restitution of Conjugal Rights

The Hindu Marriage Act of 1955 also grants petitioners maintenance under Section 25 and section 9 restitution of conjugal rights under Section 9.Under the aforementioned provisions of the law, a wife who refutes the disruption of the marriage can get maintenance from her husband even if the action regarding maintenance under Section 25 remains pending. Since it doesn’t discriminate based on gender, this provision also allows the husband to sue his wife for alimony.

Removal of the Restitution of Conjugal Rights

 Provision A Supreme Court bench requested a response from the Attorney General in January 2020 in response to a plea seeking to remove the Restitution of Conjugal Rights Provision. Since reference has been requested and the provision has been filed, it may be struck down any case, if the provision is struck down, it will mark a significant development in personal law’s past.


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