Family law

No, filing for restitution of conjugal rights is not necessary in every divorce petition. It is necssary only when a spouse files unilaterally for divorce and then the other spouse files for the restitution of conjugal rights if he or she wants to retain the marriage.

Section 9 of Hindu Marriage Act, 1955 states that in the case where one spouse withdraws from the society of other spouse without giving an adequate reason for such cause the the former has the remedy to file a petition for restitution of conjugal rights. Moreover, the court grant such decree only if it is satisfied with the fact that the statements made in the petition are true and there is no legal ground on which the petition can be declined.

In the judicial precedent of Mrs. Manjula Zaverilal v. Zaverilal Vithal Das, 1973, the court ruled that the defending party must establish that there was a legitimate reason for leaving or abandoning their spouse when the aggrieved party files a petition for the restoration of conjugal rights and establishes that the defending party has withdrew from the aggrieved party's social circle.

Thus, filing a decree of restitution of conjugal rights before filing a divorce petition under HMA,1955 is not mandatory.

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