What is the meaning of restitution of conjugal rights in layman’s terms?
Restitution of conjugal rights means the re-establishment of the marital relationship of the husband and wife in the event one party has left the other party.
What is the purpose of the provision under the Indian Laws?
The idea of providing a restitution decree by court is to preserve union as far as possible by enabling the courts to intervene between the parties.
Under which legal provisions is the remedy of restitution available?
In India the remedy is available to Hindus u/s 9 of the Hindu Marriage Act, 1955, to Muslims under their personal law, to Christians u/s 32 and 33 of the Indian Divorce Act, 1869, to Parsis u/s 36 of the Parsi Marriage and Divorce Act, 1936 and to the parties who have been married according to the provisions of the Special Marriage Act, Section 22 of the Special Marriage Act.
What are the essential elements of restitution of conjugal rights?
There must be a valid marriage that exists between the parties. One should withdraw from the society of another. This withdrawal must be made without any reasonable excuse. The court must satisfy the truth of the statement that no legal ground exists for refusing the decree.
What does the term withdrawal from the society imply?
It means that either of the spouse have refused to stay with the other, refused to have marital intercourse or refused to discharge the marital obligations towards one another.
What is the constitutional validity of the decree of Restitution of conjugal rights?
Mixed views have been taken by various courts regarding the constitutional validity of section 9. Know more on Case note of Saroj Rani vs Sudharshan Kumar Chadha and T. Sareetha v. T. Venkata Subbaiah (AIR 1983 AP 356).
What is the effect of the decree of restitution of conjugal rights?
If a decree of restitution rights is passed then it becomes mandatory for the judgement debtor to resume cohabitation with the decree holder.
What are the consequences of the judgement debtor not abiding by the decree/order?
The property of the judgement debtor can be attached if he/she does not comply with the order. It also gives a ground to the decree holder to file for divorce if the judgement debtor fails to comply with the order in a span of one year.
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