Restitution of Conjugal rights
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Any relationship is based on the trust you two exhibit, the respect you give to each other & your companionship. If any relation lacks these, it will cease to last long. If your marriage is in trouble and your spouse isn’t living together, you may be eligible for a marital right.
According to the restitution of conjugal rights, if either the husband or the wife fails or refuses to carry out the obligations incumbent upon him or her without giving a reason, the aggrieved party may seek legal aid from the court. For this reason, it is sometimes recognized as a matrimonial remedy.
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Frequently Asked Questions
Conjugal rights: Rights about marriage or the bond between husband and wife are referred to as conjugal rights.
The aggrieved party in a marriage has the right to ask for conjugal rights if the other party withdraws from their social circle without a valid and cognate reason. If there is no legal obstacle to the decree, the court will give the relief petitioner under section 9 of the Hindu Marriage Act and other provisions under the special marriage Act and personal laws.
After the solemnization of marriage, each partner is legally bound to maintain their marital life together. Suppose either of the partners abandons the relationship. In that case, the aggrieved partner has the right to regain the companionship of the other spouse by filing a petition before the court for the resumption of a cohabitation petition.
- The other spouse has left the petitioner’s social circle.
- There is no justifiable explanation for this departure. The respondent bears the burden of proof if they claim a valid justification.
- The court was pleased regarding the veracity of the claims made in the petition.
- There is no legitimate reason to reject the decree.
When one of the partners ends a relationship without a good reason to abandon the other permanently or forever, that is considered withdrawing from society. So, even if a husband and wife occasionally live apart but continue to have frequent and consistent social and marital interactions, there would be no social withdrawal in this scenario. So, suppose either spouse withdraws from the other’s social circle after the marriage is solemnized without a valid reason. In that case, the party who was wronged has the legal right to apply to the matrimonial court for the restoration of conjugal rights.