Restitution of Conjugal Rights Meaning, Restitution of Conjugal Rights Definition

Restitution of Conjugal Rights Meaning, Restitution of Conjugal Rights Definition 

The Hindu Marriage Act , 1955 - Section 9. Restitution of conjugal rights.- (1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

(2) Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce.

The Indian Divorce Act, 1869 Section 32. Petition for restitution of conjugal rights. -When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife, or husband may apply, by petition to the District Court or the High Court for restitution of conjugal rights, and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. 

One of the important implications of section 9 is that it provides an opportunity to an aggrieved party to apply for maintenance under s 25. Maintenance can also be obtained by the party in case when the action is pending under s 24. Hence, a wife who doesn’t want a judicial separation or disruption of marriage can attain maintenance from her husband without filing a suit for the same under the Hindu Adoptions and Maintenance Act, 1956. Another important implication of the section is that it provides a ground for divorce under s 13(1A) on a condition that there has been no restitution of conjugal rights between them for a period of one year or more after the passing of a decree for restitution of conjugal rights.