What is restitution of conjugal rights?

Restitution of Conjugal Rights is a legal remedy under Section 9 of the Hindu Marriage Act, 1955. If one spouse leaves the other and refuses to live together without a valid reason, the affected spouse can approach the court and request an order directing the other spouse to resume cohabitation. The purpose of this remedy is to encourage reconciliation and save the marriage.

When can it be claimed?

·      One spouse has withdrawn from the other's company.

·      There is no reasonable excuse for living separately.

·      The court is satisfied that the petition is genuine.

When can the court refuse this relief?

The court may refuse relief if:

·      The spouse has a valid reason for living separately (such as cruelty).

·      The petition is not filed in good faith.

·      There is any other legal reason to deny the relief.

What happens if the court grants the decree?

The court directs the spouses to resume married life. If they still do not resume cohabitation for one year or more, either spouse may use this as a ground to seek divorce under the Hindu Marriage Act.

The Supreme Court in the case of Saroj Rani v. Sudarshan Kumar (1984) upheld the constitutional validity of Section 9 and held that its purpose is to promote reconciliation and preserve the institution of marriage.

In simple words, Restitution of Conjugal Rights is a legal remedy that helps a spouse request the court to ask the other spouse to return and continue the marital relationship, provided there is no valid reason for living separately.