Restitution of Conjugal Rights Under Special Marriage Act

Marriage is seen as a pivotal moment in a person's life. It's generally accepted that getting married ushers in the second stage of life. It is regarded in Hinduism as a sacred deed. The Hindu law considers marriage to be a sacrament. It entails living a similar existence with one another, together with all of its joys and tragedies. Both parties must be committed to the relationship at all times and willing to stick together despite its many flaws.

What is Restitution of Conjugal Rights?

Section 21 of the Special Marriage Act, 1954 states that, "When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.”

However, further provision describes, in a condition, where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society."

If the lawsuit for restitution of conjugal rights is successful and one spouse is found guilty of separating without a good or sufficient reason, then the pair must remain together.

Essentials of Restitution of Conjugal Rights

The following are Section the primary requirements −

• The parties must be married legally, and must be recognized as husband and wife by law.

• One spouse must stop participating in the social life of the other spouse.

• There should be no valid grounds for this withdrawal.

• In this case, the party who was wronged may request the restoration of their marital rights.

• The relief should not be denied on any other legal basis.

• The petition's assertions must be true and acceptable to the court.

• As a result, the court may issue a judgment in favor of the aggrieved party.

Constitutional Validity of Restitution of Conjugal Rights

• In Saroj Rani v. S.K. Chadha, the Supreme Court of India endorsed this position (xiv). The SC ruled that neither Article 21 nor Article 14 belong in the private sphere of the home or married life

Conclusion

As discussed, one spouse may file a petition to have the other spouse's conjugal rights and it may be restored if they have been taken away without a valid basis. It serves as a helpful solution and marriage-preservation clause. Hindu marriage is considered a sacrament, a union that lasts beyond birth and death. But people and times have changed.

So, this provision has come to be seen as a coercive provision that forces two adults to cohabitate against their will. It is paradoxical that although we fight for an individual's freedom and personal liberty, laws like Section 9 occasionally force spouses to cohabitate despite having lost all affection and caring for one another.

Frequently Asked Questions

Q1. What is restitution of conjugal rights in family law?

Ans. In accordance with the restitution of conjugal rights provision, if at any point either the husband or the wife failed or refused to carry out the duties that were required of him or her without justification, the aggrieved party may seek legal assistance from the appropriate district court.

Q2. Who can file restitution of conjugal rights?

Ans. Under Section 21 of the Special Marriage Act, 1954, a spouse who is victim may seek "restitution of conjugal rights" after being ignored or abandoned without cause.

Q3. What is the case of restitution of conjugal rights?

Ans. When one spouse in a marriage withdraws from conjugal society without reasonable cause, the other spouse has the right to request the restoration of their conjugal rights. It is the responsibility of the person who withdrew from conjugal society to provide a good reason. This justification must make sense and be believable.

Q4. When can a wife file for restitution of conjugal rights?

Ans. The wife may request restitution of conjugal rights if the husband either flees or ignores his marital duties without justification. Even the husband may request the return of conjugal privileges.

Q5. What are the major types of restitution?

Ans. There are three different types of restitution: restitution fines, parole revocation fines, and direct orders. The court can order all three types of restitution in the same case.

Q6. What if wife denies restitution of conjugal rights?

Ans. The aim of the restitution of conjugal rights is to create a good relationship between the couple. If the respective spouse rejects the restitution of conjugal rights order given by court, then the other party can go further for Judicial separation or can file for divorce.