What is Restitution of Conjugal Rights:-
Conjugal right means right to stay together by virtue of entering into a marital bond with the life partner. Restitution of conjugal rights basically comprises of two major words, Restitution and Conjugal Right.
Restitution: – The restoration of something lost.
Conjugal rights: Rights relating to marriage or the relationship between husband and wife.
To claim this right, the marriage should be a legal marriage.
The concept of restitution of conjugal rights was introduced in India in the case of Moonshee Buzloor Ruhneem vs. Shumsoonissa Begum, where such actions were regarded as consideration for specific performance.
Laws governing Restitution of Conjugal Rights:-
In modern India, the remedy is available to Hindus under Section 9 of the Hindu Marriage Act, 1955, to Muslims under general law, to Christians under Section 32 and 33 of the Indian Divorce Act, 1869; to Parsis under section 36 of the Parsi marriage and Divorce Act, 1936 and to persons married according to the provisions of the Special marriage Act, Section 22 of the Special Marriage Act, 1954.
Why Restitution of Conjugal Rights is necessary :-
“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Explanation: – Where a question arises whether there has been reasonable excuse for withdrawal from the society of other, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society”.
The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage so live together and cohabit.
The Challenges :-
In Sushila Bai v. Prem Narayan, the husband deserted his wife and thereafter was totally unresponsive towards her. This behaviour was held sufficient to show that he had withdrawn from the society of his wife, and therefore the wife’s petition for restitution of conjugal rights was allowed. The defence to this principle lies in the concept of a ‘reasonable excuse’. If the respondent has withdrawn from the society of his spouse for a valid reason, it is a complete defence to restitution petition. The court will normally order restitution of conjugal rights if:
- The petitioner proves that the respondent spouse has without reasonable excuse withdrawn from his/her society.
- The statements made by the aggrieved spouse in the application are true and
- There is no legal ground why the petitioner’s prayer should not be granted.
The court has held in various cases that the following situations will amount to a reasonable excuse to act as a defence in thus area:
- A ground for relief in any matrimonial cause.
- A matrimonial misconduct not amounting to a ground of a matrimonial cause, if sufficiently weighty and grave.
- Such an act, omission or conduct which makes it impossible for the petitioner to live with the respondent.
It is significant to note that unlike a decree of specific performance of contract, for restitution of conjugal rights, the sanction is provided by the court where the disobedience to such a decree is willful that is deliberate, in spite of opportunities.
Outcome of the Restitution of Conjugal Rights:-
A very important feature of restitution of conjugal rights to be emphasized is that it is a remedy aimed at preserving the marriage and not at disrupting it as in the case of divorce or judicial separation. It serves to aid prevention of the breakup of marriage, thus is a means of saving the marriage. So, the restitution of conjugal rights remedy tries in promoting reconciliation between parties and maintenance of matrimonial relationship.
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