RESTITUTION OF CONJUGAL RIGHTS MEANING :
It is normal term which could be understood by layman. Lets understand what is restitution of conjugal rights. Conjugal rights is right to the both spouse of staying together. Meaning of term Restitution means restoration or fixing something that happen with spouse unlawfully. It means the restoration of cohabitation and domestic relations between husband and wife by taking legal action. When either the husband or wife withdraws from the society of the other without any reasonable excuse, the aggrieved spouse has the option to approach the court for restoration of conjugal rights.
RESTITUTION OF CONJUGAL RIGHTS IN HINDI :
Restitution Of Conjugal Rights Meaning In Hindi – यदि या तो पति या पत्नी, उचित बहाने के बिना घर छोड देते है , तो पीडित पत्नी या पीडित पती ऊसे वापस बुलाके वैवाहिक जीवन फिर से शुरु करणे के लिये अदालत का दरवाजा खटखटा सकता है।
SECTION 9 OF THE HINDU MARRIAGE ACT :
Restitution of Conjugal Rights in Hindu Marriage Act is covered by Section 9 of the Act. A conjugal rights petition is filed under Section 9 of the Hindu Marriage Act, 1955. petition for restitution of conjugal rights under Section 9 of The Hindu Marriage Act considered as the last hope to save the marriage before its breakdown by divorce. If husband leaves wife without any reasonable cause, then being aggrieved party – restitution of conjugal rights filed by wife. Section 9 protects conjugal rights in marriage.
If wife leaves husband without any reasonable cause, then being aggrieved party – restitution of conjugal rights filed by husband. They can approach Court for relief by appointing divorce lawyer. If court satisfied, it directs party at the default to resume household duties. Aggrieved party can file petition under section 9 of The Hindu Marriage Act 1955 for Restitution of Conjugal Rights of husband and wife.
Today people are living in modern world. People are more busy in their professional life than their family life. Since marriage is responsibility, every person keep some expectation from his or her partner. Sometimes if one partner suddenly leaves company of other partner without giving reasons, it takes both of them towards divorce without any need because of clashes of personal egos and attitude.
Due to frustration noways whether it husband or wife, they do not think before taking any decision and leave home and each others company in casual manner which becomes first step towards knockdown of marriage and ends on divorce. Sometimes due to leaving home without reason becomes reason for divorce and partner takes immediate decision of divorce. Section 9 restitution of conjugal rights is ultimate provision to save marriage.
It is not important whether restitution of conjugal rights filed by husband or restitution of conjugal rights filed by wife.
In case of harassment and if the husband left wife without any reason then section 9 protects the conjugal rights of wife.
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THE FOLLOWING IS RESTITUTION OF CONJUGAL RIGHTS PROCEDURE UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955.
- DESERTION
Husband or wife left the company of each other.
- UNREASONABLE GROUND
Husband or wife must left company without any reasonable cause .
- APPROACHING COURT
A person aggrieved should approach Court for relief..
RESTITUTION OF CONJUGAL RIGHTS CHRISTIAN MARRIAGE ACT :
Restitution of conjugal rights for Christians are covered under Section 32 and 33 of the Indian Divorce Act, 1869.
32. Petition for restitution of conjugal rights .- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the opposite , either wife, or husband may apply by petition to the District Court or the high court for restitution , and therefore the court, on being satisfied of the reality of the statements made in such petition, which there’s no legal ground why the application shouldn’t be granted, may decree of restitution of conjugal rights accordingly.
33. Answer to petition. – Nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which might not be ground for a suit for legal separation or for a decree for nullity of marriage.
RESTITUTION OF CONJUGAL RIGHTS UNDER MOHAMMEDAN LAW :
The concept of Tayyabji’s provision for the restitution of conjugal rights under muslim law is as follows.
“Where the spouse have neglected to perform the obligations under law without withdrawing any legal basis, the court may order the return of marital rights, but both parties can apply. Conditions for others to enjoy her or her rights “. Section 281 of mohammedan law for restitution of conjugal rights is provided.
In this way, Muslims equated the concept of giving the other spouse the enjoyment of his or her legal rights. Earlier it was also linked to the specific performance of the marriage. Abdul Qadir Vs. The Allahabad High Court ruled that the concept of rehabilitation must be decided on the principles of Muslim law, not on the basis of justice, equality and good conscience.
RESTITUTION OF CONJUGAL RIGHTS UNDER SPECIAL MARRIAGE ACT :
Section 22 – Restitution Of Conjugal Rights In Special Marriage Act.
When the spouse has withdrawn from the society of others without any reason, the aggrieved party have right to file a petition in the court for the restitution, if satisfied with the truth of the statement and there is no legal basis as to why the application should not be granted. Accordingly relief of the restoration of rights may be granted by the court.
RESTRICTION OF CONJUGAL RIGHTS:
The biggest restriction of conjugal rights is that even though you got decree of restitution of conjugal rights, you or can not compel your partner to co-habit against his or her will, therefore there are very less restitution of conjugal rights cases
References and more to read :
- CONTESTED DIVORCE
- MUTUAL DIVORCE
- MUTUAL DIVORCE PROCEDURE IN MARATHI
- DIVORCE LAWYER
- MAINTENANCE FOR WIFE
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS IS SOMETIMES PLAY A ROLE OF PERFECT MARRIAGE SAVER :
You can not use restitution of conjugal rights in alternative divorce. If husband or wife leave the company/ or matrimonial home, aggrieved party instead of stretching the dispute towards divorce, can simply send one notice under Restitution of conjugal rights directing defaulting party to resume matrimonial life. Most of the time on receipt of the notice matters gets settled as parties thinks more about after effects of not complying notice. Notice ultimately proves good intentions of other side that he or she wants to reside with him or her.
Even after sending notice if the party at the default is not ready to resume matrimonial duties, aggrieved party can approach the Court. Court if found that reason for leaving company was not justifiable then Court pass decree in favour of aggrieved person. However if the spouse do not follow the order of the court and resume household duties, then aggrieved spouse have good ground for contested divorce and so indirectly the above petition of restitution of conjugal rights in alternative divorce could be used. Restitution of conjugal rights and divorce both have different concept. when is used for saving marriage and other used for termination of marriage.
WHERE TO FILE A RCR PETITION UNDER SECTION 9 :
- The place where marriage is solemnized.
- The place where husband and wife last resided together.
- The place where husband is residing after separation.
- The place where wife is residing after separation.
HOW TO FILE RESTITUTION OF CONJUGAL RIGHTS :
Following are the steps to be followed for application for restitution of conjugal rights –
- Contact divorce lawyer.
- Meet and give the details and evidence if you are having any of the above given grounds for restitution of conjugal rights.
- Divorce lawyer will draft a petition for restitution of conjugal rights .
- On approval of draft petition for restitution of conjugal rights, lawyer will file the application for restitution of conjugal rights in family court.
Petition for restitution of conjugal rights can be filed in the family court which jurisdiction covers any of the following prerequisites :
- The place where marriage is solemnized.
- The place where husband and wife last resided together.
- The place where husband is residing after separation.
- The place where wife is residing after separation.
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