The restitution of conjugal rights
The restitution of conjugal rights is the process of restoring the marital relationship between a husband and wife. It aims to preserve the union of marriage by allowing courts to intervene in cases where one party has unreasonably withdrawn from the other's company. This remedy is available to different religious communities in India under specific marriage acts.
Section 9 of the Hindu Marriage Act of 1955 pertains to the restitution of conjugal rights within the Hindu community. It permits an aggrieved spouse to petition the district court for the restoration of conjugal rights if the other spouse has unjustifiably withdrawn from their company. The court may issue a decree of restitution if it finds no legal grounds for rejecting the petition.
Certain essential elements must be met for the application of the restitution decree. These include the existence of a valid marriage, the withdrawal from society of the other spouse without a reasonable excuse, and the court’s satisfaction that there are no legal grounds to refuse the decree. Either spouse can file the petition under Section 9 of the Hindu Marriage Act.
The interpretation of the terms “withdraw from society” and “reasonable excuse” has been shaped through judicial pronouncements. Court cases have shed light on these terms. For instance, if a husband leaves his wife and severs all connections with her, it can be deemed as withdrawal from her society. However, the wife’s employment is generally not considered a reasonable excuse for leaving the husband’s company.
The constitutional validity of Section 9 in the Hindu Marriage Act has been a subject of ongoing debate, raising important legal and societal questions. In the case of T Sareetha vs T VenkataSubbaiah, the Andhra Pradesh High Court declared Section 9 unconstitutional as it was seen as infringing upon an individual's fundamental rights to liberty and dignity. However, the Supreme Court, in Saroj Rani vs Sudarshan Kumar Chandra, upheld the validity of the restitution decree, stating that it aimed to encourage spouses to live together without forcing unwanted sexual relations.
The restitution of conjugal rights is a legal remedy available in India to preserve and encourage the marital union. It involves the court’s intervention when one spouse unreasonably withdraws from the other’s company. While the constitutional validity of this remedy has been debated, it continues to be applicable under various marriage acts in the country.
