Restitution Of Conjugal Rights

Restitution is restoration of legal rights of either of the spouse. The very purpose of marriage is to live together in the relationship of husband and wife. If either of the party deserts or voluntarily refuse to cohabit, live and consummate with his/her spouse without any reasonable cause then the aggrieved party can definitely approach the appropriate Court to restore his/her rights in the marriage and get order from the Court directing such spouse to come and cohabit with the aggrieved party.

If the Court orders one of the spouses to join other spouse and even after such order and direction, that one spouse refuse to join and cohabit other spouse then it becomes one of the valid grounds for divorce to that other spouse.

Persons married as per Hindu rites & rituals can avail this remedy U/s.9 of Hindu Marriage Act, 1955; Person who opted for registered marriage can avail this remedy U/s. 22 of Special Marriage Act, 1954; Under Parsi Marriage and Divorce Act, 1936 Section 36 and the Christians can avail this remedy U/s.32 of the Indian Divorce Act, 1869. The spouse who has deserted can definitely oppose the Restitution and have to prove that living with the other spouse is impossible, threat to life, may have to face cruelty, etc.

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