Marriage in India is envisioned as a sacred partnership, rooted in mutual commitment, where both husband and wife are expected to cohabit, share responsibilities, and provide emotional, physical, and financial support to one another. When this bond is disrupted by one spouse abandoning the other without justifiable cause, the Restitution of Conjugal Rights offers a legal remedy to restore the marital relationship. Enshrined in Section 9 of the Hindu Marriage Act, 1955 (HMA) and Section 22 of the Special Marriage Act, 1954 (SMA), this provision allows a spouse to petition a family court to direct the deserting partner to resume cohabitation and fulfill marital obligations.
Applicable to Hindus, Buddhists, Jains, and Sikhs under the HMA, and to inter-religious or civil marriages under the SMA, the remedy aims to preserve the sanctity of marriage by encouraging reconciliation rather than dissolution. To succeed in such a petition, the aggrieved spouse must prove three key elements: the respondent spouse withdrew from the petitioner's society without reasonable excuse, the petition is made in good faith, and there are no legal impediments to granting the relief. Reasonable excuses for withdrawal may include cruelty, adultery, or other grounds recognized under the respective Acts, such as desertion or mental disorder. The court, upon verifying the claims, may issue a decree for restitution, compelling the erring spouse to return and resume marital duties.
However, enforcement remains complex, as courts cannot physically force compliance, and non-compliance for one year after the decree can serve as grounds for divorce under Section 13(1A) of the HMA or Section 27(1A) of the SMA. Critics argue that this provision may infringe on personal autonomy, as it pressures individuals to return to potentially strained relationships, while supporters view it as a tool to uphold marital commitments and foster reconciliation. Courts often encourage mediation to resolve underlying conflicts amicably, balancing the emotional weight of marital disputes with legal obligations. Navigating such sensitive cases requires not only a deep understanding of the legal framework but also an empathetic approach to address the complexities of human relationships, cultural expectations, and individual rights.
Adv. Amol Khobragade is someone who really knows his stuff. He's very skilled at handling cases related to divorce, child custody, and these "restitution of conjugal rights" situations.