What is the forum for the institution for “A suit for restitution of conjugal rights”?

Question: What is the forum for the institution for “A suit for restitution of conjugal rights”? [Bihar C.J. 1979]

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Answer

The jurisdiction of a court for filing a civil suit is covered under Section 16 to 20 of The Code of Civil Procedure, 1908. Further, the suit for restitution of conjugal rights is not covered under Section 16 to 19 of the Code. Section 20 determines the forum for the institution of a suit is not covered by Section 16 to 19. Thus, it will be covered by Section 20.

According to Section 20, a suit may be instituted at the place where the cause of action (wholly or partly) arises or where the defendant resides/carries on business/personally works for gain.

The cause of action in a suit for ‘restitution of conjugal rights’ is violating or breaching marital obligations either by husband or wife. Therefore, the suit may be brought where the husband and wife reside (cause of action arose), or where the defendant (in this case, can be husband or wife) resides separately.

It is also important to keep in mind that the procedure for filing the institution of the suit in case of restitution of conjugal rights among Hindus is governed by Sections 9 and 19 of the Hindu Marriage Act, 1956. Thus, it being a special law for Hindus, it will override the general provision given in C.P.C.

The question asked here is in a general sense and do not disclose the religion of the parties, therefore it is discussed in the light of the Code of Civil Procedure, 1908.

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