RESTITUTION OF CONJUGAL RIGHTS
The simple meaning of being married is to hold joint marital duties and having certain legal rights jointly with the other partner.Conjugal Right is the right to stay together peacefully and reside at the same place together with the spouse. On the contrary,when a situation arises which compels the spouses to love separately there comes the concept of “Restitution Of Conjugal Rights' ' which is mentioned under Section 9 of Hindu Marriage Act). This concept gives the right to the suffering spouse to knock on the doors of the Court on the ground of “his right to alliance with the other spouse”.
How can a case be filed under section 9 of the Hindu Marriage Act.?
Whenever a Spouse refuses to cohabit together,then the Aggrieved party can knock on the doors of the Family Court seeking a decree in his favour provided that the petitioner (the aggrieved body) succeeds in satisfying the court that the other party has withdrawn for her/his society without any reasonable excuse. The court needs to be satisfied that the Petitioner has a genuine intention to bring the other spouse back to the related society. And if there exists a reasonable excuse for withdrawal of the society then the burden of proof lies upon the withdrawing spouse to show that there was a reasonable cause to withdraw from the petitioner’s society.
