Restitution of conjugal rights

Table of contents

1. What is restitution of Conjugal rights? 2. What the petitioner has to prove? 3. How to oppose a petition for restitution of conjugal rights?

What is restitution of Conjugal rights?

Restitution means restoring to a party what he lost by way of execution or direct consequences of a decree when it is modified, varied, or reversed.

The term "conjugal" is derived from the French word "conjugare," which means "to join or to unite in marriage" (con + jugare = to unite).

Conjugal refers to a married couple's connection. Conjugal rights are innate to the institution of marriage itself and are not only a product of legislation.

A suit for restitution of conjugal rights is one of the species of matrimonial reliefs and is brought when either the husband or the wife lives separate from the other without any sufficient reason, in which case the court will compel them to come together again, if either party be weak enough to desire it, contrary to the inclination of the other.

Section 9 of Hindu Marriage act provides that:

When one spouse withdraws from the other's society without a valid reason, the other party may petition the district court for the restoration of conjugal rights. The court may order the restoration of conjugal rights if it is persuaded that the petition's allegations are accurate and that there is no legitimate cause to reject the application.

Where a question arises whether there has been reasonable excuse for withdrawn from the society, the burden of proving reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

Availability of restitution of conjugal rights:

In India, the remedy of restitution is available:

• To Hindus under section 9 of the Hindu Marriage Act, 1955
• To Muslims under the general law
• To Christians under section 32 and 33 of the Indian Divorce Act, 1869
• To Parsi under section 36 of the Parsi Marriage and Divorce Act, 936
• And under the section 22 of the Special Marriage act, 1954 for persons married under the special marriage act.

What the petitioner has to prove?

To be able to demand restitution of conjugal rights successfully, the following must be proved:

1. One of the spouses has, without reasonable cause, left the society of the other.
2. There are no reasonable grounds for doing so.
3. The petitioner must assure the court hat
   
   1. The causes stated in the petition are true, and
   2. There is no legal reason for the court not to rant such relief

How to oppose a petition for restitution of conjugal rights?

Opposition for the purpose an be done on account of two reasons:

1. Cruelty, adultery or desertion.
2. Any other serious reason

That there was a reasonable ground to leave the society and the consortium, would be found out from the facts and circumstances of the case. Such reasons might be of a serious nature which

1. Can affect the heath of the wife, or
2. The spouse’s peace of mind, or
3. Shows that she was mentally harassed, or
4. Is of bad character, or
5. That the husband is a drunkard, or
6. A non-vegetarian, or
7. Constantly neglects his wife, or
8. Often insults his wife, or
9. Hates his wife, or
10. Taunts his wife constantly for dahej.

PETITION BY HINDU WIFE FOR RESTITUTION OF CONJUGAL RIGHTS
UNDER THE HINDU MARRIAGE ACT

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. _____ OF 2021

Versus

PETITON FOR RESTITUION OF CONJUGAL RIGHTS UNDER
SECTION 9 OF THE HINDU MARRIAGE ACT, 1995.

TO
THE HON’BLE PRINCIPAL JUDGE
AND OTHER JUDGES OF THIS
HON’BLE COURT

THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1. The Petitioner and the Respondent were lawfully married according to traditional Hindu Vedic Rites on the 1th day of April 2015, at the Mahalaxmi Temple at Mumbai. Hereto annexed and marked Exhibit ‘A’ is a copy of the marriage certificate evidencing the said marriage.
   
   
2. The Petitioner and the Respondent are Hindu by birth and they continue to be so.
   
   
3. After the said marriage, the Petitioner and the Respondent cohabitated and lived together at Lord Villa, Oak Lane, Mumbai for about 5 years. However, there was no issue of the said marriage.
   
   
4. On 10th July 2021, the Respondent, without any just cause, drove the Petitioner out of the matrimonial house and warned her to never come back again. The Petitioner submits that since the said date, the Respondent has completely withdrawn from the society of the Petitioner and has refused to cohabit with the Petitioner or to look after or maintain her.
   
   
5. In the circumstances, since 10th July 2021, the petitioner has been staying at her father’s house in Marine Street. However, the Petitioner has aways been, and still is, ready and willing to live and cohabit with the Respondent and perform all her marital functions and duties as a devoted Hindu wife.
   
   
6. No other proceedings with respect to the marriage between the Petitioner and the Respondent have been filed in this Hon’ble Court or in any other court in India.
   
   
7. There is no collusion or connivance between the Petitioner and the Respondent in filing this petition.
   
   
8. The Petitioner and the Respondent were married in Mumbai and last cohabited in Mumbai within the territorial limits of the jurisdiction of this Hon’ble Court and this Hon’ble Court has jurisdiction to entertain, try and dispose of the present petition.
   
   
9. The petitioner states that as she is a female litigant, she is exempted from payment of court fees by virtue of Notification No. STP 1094/CR-859/MI dated 1.10.1994, exempting female litigants from payment of court fees. Hence, no court fees are payable on this petition.
   OR
   [If the Petitioner is a male litigant:
   The Petitioner has paid the fixed court fees of ₹ ______ on this petition.]
   
   
10. The Petitioner will rely on documents; a list whereof is annexed hereto.

The Petitioner therefore prays for the following reliefs:

1. That a decree of restitution of conjugal rights be granted to the Petitioner against the Respondent under section 9 of the Hindu Marriage Act, 1955 and the Respondent be directed to live and cohabit with the Petitioner;
   
   
2. That the Respondent be ordered and decreed to pay to the Petitioner the costs of this Petition; and
   
   
3. For such further and other reliefs as the nature and circumstances of the case may require.

Date:
Place:

VERIFICATION

I, Shantadevi Manoj Sawant, the petitioner, above named, state at ______that what is stated in paragraphs 1 to 5 is true to the best of my knowledge and what is stated in remaining paragraphs 6 to 10 is true to the best of my information and belief and I believe the same to be true

Date __________

AFFIDAVIT

I, Shantadevi Manoj Sawant, residing at Mumbai do hereby solemnly affirm and state on oath that, the facts stated in aforementioned petition are true and the relief as prayed for is required to be granted in the interest of justice.