Restitution of Conjugal Rights

Restitution of Conjugal Rights

Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.

This section is identical to section 22 of the Special Marriage Act, 1954.[2] The provision is in slightly different wordings in the Parsi Marriage and Divorce Act, 1936, but it has been interpreted in such a manner that it has been given the same meaning as under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. However, the provision is different under the section 32 Indian Divorce Act, 1869 but efforts are being made to give it such an interpretation so as to bring it in consonance with the other laws. The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws.[3]

References
[1] Section 9 of the Hindu Marriage Act, 1955 reads as follows:- "When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of 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".

[2] After the Marriage Laws (Amendment) Act, 1976.
[3] Paras Diwan, Law of Marriage & Divorce, 4th Ed., p. 328.

Related Law

Indian Divorce Law

Short title, commencement of the Act. - This Act may be called the Indian Divorce Act, and shall come into operation on the first day of April, 1869.

2. Extent of Act.

This Act extends to the whole of India except the State of Jammu and Kashmir.

Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity- Nothing hereinafter contained shall authorise any court to grant any relief under this Act ex...

India Divorce Law

2. Extent of Act. - This Act extends to the whole of India except the State of Jammu and Kashmir.

Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity- Nothing hereinafter contained shall authorise any court to grant any relief under this Act except where the petitioner 6[or respondent professes the Christian religion, or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India...

Restitution of Conjugal Rights

Restitution of Conjugal Rights

Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.

This section is identical to section 22 of the Speci...

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