Write a short note on the Restitution of Conjugal Rights.

Question: Write a short note on the Restitution of Conjugal Rights. [BJS 2021]

Find the answer to Hindu Law only on Legal Bites. [Write a short note on the Restitution of Conjugal Rights.]

Answer

In the Hindu religion, marriage is performed by following certain ceremonies and rites, and these ceremonies put responsibilities and obligations on both the wife and husband which are important to be fulfilled. These responsibilities are to be fulfilled by both spouses with each other. Some of the important conjugal rights include that both should cohabitate, beget a child, development of a household, etc.

Therefore ‘Restitution of Conjugal Rights’ means that the recompense of such rights originated from the Hindu Marriage.

Section 9 of the Hindu Marriage Act,1955 provided for the restitution of marriage. According to this section, if any person in marriage ends the relationship with the other person and his/her society without any rational purpose then the party against whom such relation is ended, can file suit in the District Court under this section of the Restitution of the Conjugal rights.

Then if the court is convinced that there is no rational purpose for ending such a relation, it shall pass a decree of restitution of Conjugal rights which is to direct the respondent to execute his/her responsibilities and obligations. Onus probandi is of the Party of Marriage who is separated.

It also can be termed as a saving marriage which could end through a divorce, as there may be some differences between the husband and wife and if the spouse thinks that such differences can be solved rather than terminating the marriage through a divorce, then restitution of the conjugal rights comes into play.

It must be noted that this section can only apply to valid marriages and if the decree of restitution of conjugal rights is not obeyed then it would amount to contempt of court.