Conjugal Rights

Conjugal Right is the privilege granted to a married-couples to stay together. Section 9 of the Hindu Marriage Act deals with the restitution of Conjugal Rights, it states that marriage cannot be done on a contractual basis. There is no such section and right in Muslim Law. This petition filed by the aggrieved husband or wife to restore their right to cohabiting with their spouse. The decree for restitution of conjugal rights can be enforced by the court by attachment of property and court may also punish the person for contempt of order of court. Eligibility Criteria for filing the petition for the restitution of conjugal rights are- 1. The marriage should be valid 2. The spouses are not staying together 3. No reasonable ground should exist for such separation 4. The petitioner has bona-fide desire to live with the spouse Rejection of the Restitution Suit 1. Matrimonial Misconduct 2. Either of the spouses marries again. Under Section 25 of the Hindu Marriage Act wife can entitle to claim maintenance, which is applicable to the provision of judicial separation. The complaint for the restitution of conjugal rights can be filed in civil court in whose jurisdiction the marriage was performed and where the couples are living or previously stayed together. Burden of proof is on the aggrieved or petitioner who needs to prove that the respondent has withdrawn from the society, once the burden of proof is discharged by the petitioner it transfers to the respondent that there is some valid reason behind the withdrawal.