Restitution of conjugal rights It’s a legal solution under Indian matrimonial law that allows a spouse to request the court to order their partner to return and live with them if the other partner has left without any valid reason.

Restitution of Conjugal Rights Meaning

The term “conjugal rights” refers to the rights and duties that comes with marriage like living together, supporting each other emotionally, physically, and financially, taking care of children and elder parents etc. But if one spouse leaves the other without any proper justification, the abandoned spouse can file a case for restitution of conjugal rights. This means he/she legally asking the court to direct the other spouse to return to the marriage and resume the relationship and marriage duties.

Section 9 of the Hindu Marriage Act

Section 9 of the Hindu Marriage Act, 1955 clearly states that if either the husband or wife has withdrawn from the other without a reasonable cause, the other spouse can approach the district court to seek restitution of conjugal rights.

If the court is satisfied with the petitioner’s case and finds no valid reason for the separation, it can pass a decree ordering the other spouse to return to marriage if he/she denies the order it can lead to divorce as there’s no imprisonment rule for breaking decree of restitution of conjugal rights but that’s valid ground for divorce.

But there are some limitations:

• The marriage must be valid under Hindu law.
• The burden of proof is on the petitioner to show that the withdrawal was without reasonable cause.
• The court cannot force the couple to live together physically or consummate the marriage.

Restitution of Conjugal Rights in Hindu Law

In Hindu law, marriage is considered a sacred bond. The idea behind restitution of conjugal rights is to preserve the sanctity of marriage and promote reconciliation.

But in real life, it’s not that simple. Often, this law is used as a legal tool to:

• Avoid paying maintenance to the spouse
• Pressure the other party into returning
• Delay divorce proceedings

That’s why restitution of conjugal rights under Hindu law has been criticized for being outdated and insensitive, especially towards women.

Where Else Does Restitution of Conjugal Rights Exist?

Apart from Hindu law, restitution of conjugal rights is also mentioned in:

• Section 22 of the Special Marriage Act, 1954
• Section 36 of the Parsi Marriage and Divorce Act, 1936
• Sections 32 and 33 of the Indian Divorce Act, 1869 (for Christians)
• General Muslim personal laws also recognize this remedy

Criticism and Court Views

• Over the years, several high courts have questioned the constitutionality of this law. In the Sareetha v. T. Venkata Subbaiah case, the Andhra Pradesh High Court said that forcing a woman to live with her husband violated her right to privacy and bodily autonomy under Article 21 of the Constitution.
• Later, in another case, the Delhi High Court disagreed and upheld the validity of Section 9. The court said that conjugal rights include emotional, financial, and physical support, and denial of these could be a valid reason for divorce.
• This contradiction shows how complex and controversial this issue is in India.

Is It a Remedy or a Problem?

On paper, restitution of conjugal rights looks like a way to save a marriage. But in practice, it can:

• Compromise a person’s freedom
• Be used to control or harass the other spouse
• Delay separation and increase emotional trauma
• Put women at risk of domestic abuse or marital rape

This is why many legal experts and women’s rights activists believe that this provision should be removed or replaced with a better solution.

Can It Be Improved?

Yes. Instead of forcing couples to live together, the law can promote reconciliation through counseling and mediation. The goal should be to resolve conflicts, not to impose forced relationship to live together.

Some legal suggestions include:

• Establishing separate reconciliation committees
• Making mutual consent mandatory before such orders
• Giving more weight to the mental health and well-being of the spouse who has left

Bottom Line

The restitution of conjugal rights may have been introduced with good intentions, but in modern times, it has raised serious questions about individual freedom, gender equality, and marital consent.

While Section 9 of the Hindu Marriage Act still exists, its relevance and application should be carefully considered in today’s context. If you’re dealing with a similar issue, always consult a professional divorce lawyer to understand your legal rights and options.