conjugal rights

There is a very popular proverb that one can take the horse to a water tank, but you cannot force him to drink water. The provision of Restitution of Conjugal Rights in the Hindu Marriage Act seems to be a similar one. After solemnisation of marriage under the Act if one of the spouse abandons the other without reasonable excuse, the aggrieved party has a legal right under section 9 of the Hindu Marriage Act, 1955 to file a petition in the matrimonial court for restitution of conjugal rights.

Section 9 of the Hindu Marriage Act, 1955 reads as follows:-
"When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being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".

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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

If, after hearing the petition of the aggrieved party, the court comes to this conclusion that the grounds made out in the petition are genuine and have satisfactorily been proved, the court in that case would pass a decree of restitution of conjugal rights.

The execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any provision of law. Of course, the non-compliance of the said decree amounts to constructive desertion on the part of the erring party. As per provisions of the present Act, the aggrieved party can move a petition for a decree of divorce after a period of one year from the date of the passing of the decree and the competent court is fully authorized to pass a decree of divorce in favour of the aggrieved party.

But under no circumstances the court can force the erring party to consummate marriage.

file application for restitution of Conjugal rights

On Filing application, Court will inform party by resgsiterd post or so ? What if they don't accept this letter or say they have not received any thing ?

What in case they don't show up in court ? What action court can take ?

Dear Mithilesh,

You can get her back only by reconciling the matter with your wife. As you told that all your efforts have become futile, it will be very difficult to force her through filing petition for restitution of conjugal rights. If you file the petition court will atleast take 2-3 years to pass the decree and after obtaining decree you will have to go for execution. By entering into litigation with the person to whom you want to take back in your life, i think it will be very difficult for you two to lead a normal life. The only benefit  you can get after obtaining the decree of restition of conjugal rights is that you can go for divorce after one year of passing the decree but on the other side you dont want divorce. Moreover, Mr. A. V. Vishal has suggested you in very good way by giving an example of "Horse and Water".

I wish you for a better future.

Hi,

       Please approach any professional family counselor before taking any steps. Try to negotiate through the eldest person for an amicable settlement of issue.

Wish you all the best.

Thanks & Regards