Siddesh Deshmukh, Thakur Ramnarayan College of Law
INTRODUCTION
The term “restitution” refers to “restoration”, while “conjugal rights” refers "the Right to Stay Together." Thus, restitution of marital rights is the restoration of the parties' right to remain together. It elaborates on the concept of faithfulness lasting until death. It denotes the re-establishment of a marital relationship between two spouses who live apart for no discernible cause. This is to allow the husband and wife to consummate and live with each other.
Sec. 9 of the Hindu Marriage Act, 1955 addresses the Restitution of Conjugal Right. It reads as follows: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.”
The above definition highlights that when any of the spouses starts living separately, the other spouse may approach the court and get a decree of restitution upon sufficient proof of the same. For example, A and B are a married couple. 5 years after marriage, A started living away from B for no valid reason. A’s Conjugal Right have been violated and she can ask for a decree for restitution of that right. A is the guilty party and B is the aggrieved party.
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