In this article you will learn about the Restitution of Conjugal Rights in Hindu Law.
Restitution of Conjugal Rights in Hindu Law
Living together and respecting one another's rights is one of the fundamental requirements for marriage. Husband and wife have certain reciprocal duties to one another that are unavoidable in any situation. One characteristic that sets a married relationship apart is this. There is no right to society in any other relationship. "Conjugal rights" refers to two concepts :
1. The right of the couple to have each other’s society.
2. The right to marital intercourse.
Definition
Conjugal means "matrimonial." It states about a married couple's relationship. The matrimonial rights of both spouses are known as conjugal rights. One spouse has a right to the company, comfort, and society of the other. The restoration of matrimonial rights is meant by the phrase "restitution of conjugal rights."
"Restitution of Conjugal Rights" is a legal term that refers to the legal right of a married person to cohabit with his or her spouse. In Hindu law, this concept is primarily governed by Section 9 of the Hindu Marriage Act, 1955.
Some key points related to the restitution of conjugal rights in Hindu law :
Section 9 of the Hindu Marriage Act, 1955:
Section 9 of the Hindu Marriage Act deals specifically with the restitution of conjugal rights. It states that when either the husband or the wife has withdrawn from the society of the other without any reasonable excuse, the aggrieved party may apply to the court for restitution of conjugal rights.
Purpose of Restitution of Conjugal Rights:
The primary purpose of this provision is to encourage spouses to resume their marital relationship when there is no reasonable justification for separation.
Court's Discretion:
While the provision allows for seeking restitution of conjugal rights, it's important to note that the court has the discretion to decide whether to grant such a decree or not. The court may consider the reasons for withdrawal from the society and whether there are any valid grounds for the denial of restitution.
Legal Requirements for a Decree of Restitution:
The applicant must prove that the withdrawal from the society was without reasonable excuse. The court may consider factors such as cruelty, desertion, mental illness, or other reasonable justifications for living separately.
Defences Available:
The respondent (the party against whom the restitution is sought) can raise defences such as cruelty, adultery, desertion, conversion to another religion, or any other valid reason justifying the withdrawal.
Execution of Decree:
If the court grants a decree for restitution of conjugal rights and the respondent fails to comply with it, the court may take further steps to enforce the decree, which may include imprisonment or other coercive measures.
Changing Social Dynamics:
It's worth noting that in modern times, the concept of restitution of conjugal rights has been criticised for being outdated and infringing on individual autonomy. The changing societal norms have led to discussions about whether such provisions are in line with contemporary views on marriage and personal freedom.
This article on Restitution of Conjugal Rights in Hindu Law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.