Friday, 18 February 2022

Restitution of conjugal rights:

  Restitution of conjugal rights:

If any one of the spouses leaves the other, then the other spouse can claim the restitution of conjugal rights. The restitution of conjugal rights is applied for both husband and wife. The two major words, restitution and conjugal rights, restitution means the restoration of some lost and conjugal rights means the marriage relationship between husband and wife. Each party to the marriage is bound to live together in a conjugal society and entitled to a conjugal society of others

If any one of the parties like a husband or wife has withdrawn from the society without any reasonable causes, the affected person may apply by petition to the district court for the restitution of conjugal rights. If there is a reasonable cause the court cannot decree the restitution of conjugal rights but if there is no reasonable cause the court will grant a decree for the restitution of conjugal rights.


Defense for restitution of conjugal rights:

The followings are some of the examples of the reasonable excuses:
1.The petitioner has treated the other party with cruelty.
2.The petitioner has converted to other religions.
3.The petitioner has been suffering an incurable form of leprosy.
4.The petitioner has been of an unsound mind.
5.The petitioner has been suffering from venereal disease.
6.The petitioner has entered a religious order.



Laws govern the Restitution of Conjugal Rights:

1.Sec. 9 of the Hindu Marriage Act 2. Sec. 32 and 33 of the Indian Divorce Act 3. Sec. 36 of the Parsi Marriage and Divorce Act 4. Sec. 22 of the Special Marriage Act Sushila Bai v. Prem Narayan, in this case, the husband deserted his wife. It shows that the husband had been withdrawn from the society of his wife and hence the wife has the right to file a petition for the restitution of conjugal rights. In this case, the court held about the conditions to be satisfied for filing the petition of the restitution of conjugal rights. The conditions are as follows: 1. The petitioner should prove that the respondent spouse has been withdrawn from his/her society without any reasonable excuse.

2.The statement made by the petitioner should be true

3.The court satisfied that there is no legal ground why the application should not be granted The only defence for the restitution of conjugal rights is a ‘reasonable excuse'.


In Maneka Gandhi v. Union of India, whether the decree on the restitution of conjugal rights would be just, fair and reasonable and it didn't compel the unwilling wife to live with her husband. Then, the sec. 9 of the Hindu Marriage Act does not violate Article 21 of the Constitution


In Sareetha v. T.Venkatasubbaiah, in this case, the petitioner Sareetha was an actress and she was busy in her shooting and so she stayed separate from her husband for five years. Her husband filed a petition for the restitution of conjugal rights. So, Sareetha filed a case in the Andhra Pradesh High Court by claiming that the sec. 9 of the Hindu Marriage Act is unconstitutional because sec. 9 of the Hindu Marriage Act violates Article14 and Article 21 of the Constitution.


Hence, the sec. 9 of the Hindu Marriage Act doesn't violate the Article 14 and Article 21 of the Constitution. But still many people are against the restitution of conjugal rights, they held that the restitution of conjugal rights was introduced by the English people in India and India is continuing it. The Law Commission didn't oppose the restitution of conjugal right in its fifty- ninth and seventy-first report. According to the Indian culture the marriage was considered sacramental and hence the husband and wife should live together.

Restitution of conjugal rights:

By – SHAMBHAVI

VIP-AUTHOR


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