Petition for restitution of Conjugal rights

Petition for restitution of Conjugal rights​

A party  can approach the court for  restoration of conjugal rights. .hen either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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. Taps9 Legal Services
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Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

A petition for restitution of conjugal rights is a legal petition that can be filed by a spouse in India under the Hindu Marriage Act, 1955. The petition seeks a court order directing the other spouse to return and resume marital cohabitation with the petitioner.

To file a petition for restitution of conjugal rights, the following requirements must be met:

  1. The petitioner must be legally married to the respondent.
  2. The petitioner must have been living separately from the respondent for a continuous period of time.
  3. The respondent must have refused to cohabit with the petitioner.

The petitioner must file the petition in the district court where they last resided together or where the respondent currently resides. The petition must include details of the marriage, the reason for separation, and a prayer for restitution of conjugal rights.

If the court is satisfied that there is no legal ground for the refusal of the respondent to cohabit with the petitioner, it may issue an order for restitution of conjugal rights. If the respondent fails to comply with the order, the court may impose penalties, including imprisonment or fines.

It is important to note that restitution of conjugal rights is a controversial issue as it is often seen as an infringement on individual rights and privacy. As such, it is a matter of personal choice for spouses to decide whether or not to pursue this legal remedy. Legal Procedure for Filing a Divorce Petition by Husband​ in India
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