Restitution of conjugal rights

1. The marriage is valid the moment two conditions of a valid Hindu marriage are over with.
2. The purpose of RCR in your facts is to consummate the very marriage and it is not to re-validate a marriage for God sake who told you all these! That is why you are seeking Courts assistance via RCR and it is obvious you will mention your marriage is non-consummated in the case matter or not or will you mention that I want to validate my marriage hence RCR, c'mon!!!.

Non-Consummation of marriage can be due to various reasons (material facts) such as on account of;

'Impotency',
'Willful refusal to Consummate the Marriage',
'Living Separately',
'Not-Living-Together' etc.


Proof (as material facts) has to be built  (as in material records of the Court) around it which I have been keep on saying to you from beginning which you are saying your Ld. Lawyer is against it and if you file then it proves Marriage, so either you listen to him or listen to the forum or apply your own mind, I mean why built up so many post threads for same cause title here in LCI???.

Now pay attention, non Consummation of marriage can be for two reasons,

1. Natural Cause, called as impotency.

2. Non Natural Cause which is willful refusal to consummate the marriage.

When a marriage is valid and also consummated but subsequently one spouse refuses consummation - marital company - the aggrieved spouse cannot seek divorce or decree of nullity for non consummation of marriage - because marriage was consummated. Such an eventuality would arise when:

(i) They are 'Living Separately'.

(ii) They are 'Not-Living-Together'.

Now in that case the aggrieved spouse then has three Legal Remedies available, viz.

(i) Seek Decree for the Restitution of Conjugal Rights Or
(ii) Seek Decree for Judicial Separation Or
(iii) Seek Divorce on the ground of desertion.


This is my last Igyan on your repeated topic. Others may add their views if any accordingly.