Restitution of Conjugal Rights

Conjugal rights are rights that the spouses have upon each other. Marriage enable certain rights and duties upon each other. If either partner leaves the other without any valid reason or explanation, this is known as restitution of conjugal rights under the Hindu Marriage Act, 1955.

The section 9 of the Hindu marriage Act reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.

The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.

There are 3 grounds to be fulfilled to apply for restitution of conjugal rights:

  • Spouses must not be living together.
  • Withdrawal of one partner from the other must have no valid and reasonable ground.
  • The aggrieved party must apply for restitution of conjugal rights.


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