RESTITUTION OF CONJUGAL RIGHTS

What is the restitution of conjugal rights under Hindu law?

The restitution of conjugal rights means the re-establishment of the marital relationship between husband and wife because the prime objective of marriage is that parties will consummate it and enjoy the society and comfort of each other.

When can restitution of conjugal rights be claimed?

According to Section 9 of the Hindu Marriage Act, 1955 - when both the husband or the wife, without proper reason, withdrew from the society of the other. The aggrieved party may execute, by petition to the district court, for restitution of conjugal rights.

Can husband file restitution of conjugal rights?

Upon such withdrawal from the society of the husband, without any reasonable cause, the husband can file a petition for restitution of conjugal rights. Where the court is satisfied with the statements made and there is no other legal bar to such decree, the petition may be granted.

What is the remedy of RCR?

One such provision within family law that raises concerns about individual autonomy and privacy within marriage is the Restitution of Conjugal Rights ('RCR'). It is a legal remedy available to spouses where one spouse deserts the other without a 'reasonable' excuse or on certain 'unlawful' grounds.

Can RCR be converted to divorce?

Yes, cases of RCR under Section 9 of the Hindu Marriage Act can be withdrawn by filing an application at any stage as dismissed as withdrawn. Fresh cases of divorce can be filed on grounds of cruelty and desertion.

What is the limitation for filing restitution of conjugal rights?

In the Limitation Act of 1871 there was an article, viz., Article 35, which provided a period of two years from the date of demand and refusal as the period of limitation for suits for restitution of conjugal rights.

Gowtham
3rd year
Sathyabama