CONJUGAL RIGHTS HOW TO BE RESTORED? BY ALISHA BAWA @ LEXCLIQ

Marriage is one of the beautiful and one of the important stages of everyone’s life. It is a life-changing decision of two people who agreed to share their life with each other. But no one can predict the future, sometimes the two people who agreed to share their life might face problems in it. Marriage is considered to be a roller coaster ride which means sometimes up and sometimes down, it depends on the couple whether they are able to face the downs with the ups. Sometimes they are not, when they are not then they seek happiness in being apart from either by judicial separation or by divorce. So, here we will deal about the conjugal rights of the couple.

Conjugal Rights:

The couple who are married agreed to share their life which means they have certain duties and responsibility towards each other. Conjugal Rights also mean the same when the couple is married they have certain matrimonial rights which should be performed by both the spouses. Conjugal Rights includes:

1. Living together: The spouses or the married couple should live together.

2. Marital intercourse: The spouses or the married couple have rights and duties together with each other and have physical or sexual relationships.

3. Comfort to each other: The spouses should give comfort to each other like; emotional and mental comfort.

4. Matrimonial Obligation: The married couple is supposed to share the responsibility of the households as well. Since the two people are sharing their life one person cannot take responsibility for everything which means they have to share the household chores.

Laws that talks about conjugal rights are as follows:

1. Section 9 of The Hindu Marriage Act .

2. Section 32 of the Indian Divorce Act.

3. Section 22 of the Special Marriage Act.

4. Section 36 of The Parsi Marriage and Divorce Act.

Restitution of Conjugal Rights:

If any of the spouses refuse to live together or withdraw herself/himself from the society of their respective halves for no reason or refuse to enjoy the conjugal rights. Court to maintain gender equality provided some legal provisions to let the spouses have their rights. If the spouses are not enjoying the conjugal rights then the other spouse can file suit for restitution of conjugal rights. To file the suit for restitution of the conjugal rights the partner who is filing has to prove it, and certain condition needs to be fulfilled to file suit for restitution of conjugal rights:

1. The defendant has refused from cohabitation or is withdrawing from the society of the other spouse or petitioner. One of the most important things need to keep in mind that it is not necessary that they are not living together makes the other partner file suit for restitution of conjugal rights, if they are in contact or communicating and staying away is due to work or for some other valid reason then it will not be considered as a refusal from the society.

2. The statement made and mentioned by the petitioner should be true and no false statement had been made and there has to be unreasonable ground for the refusal from the society of the significant half.

3. If the relief or the application is being denied then there should not be any legal grounds mentioned for that.

Procedure to file the suit for restitution of conjugal rights:

When it comes to filing any type of suit or case it needs to be done in a proper manner and there are certain procedures that need to be followed by the person who is initiating any legal proceedings against any person. In this case, the procedure is as follows:

1. The spouse who wants to file the suit for restitution should contact a lawyer specialized in such cases, he/she will file the application on your behalf in the district court from which it will be transferred to High Court.

2. From there a petition copy will be sent to the other spouse or the other partner, also the date of the hearing regarding the matter.

3. On the given date of hearing both the husband and the wife has to be present in the court for the case hearing.

4. The court will send them to the counselor for their case where they will describe their issues and try to resolve the matter. In general, the court will send them for 3 sessions and there will be a 20 days time gap between each session.

5. After the 3 counseling sessions, the judge will pass the decree either in favor of the petitioner or defendant depending upon the statements of the parties and the counselor.

What happens when the application is rejected or the proceeding is taking time:

Legal proceeding takes time and also depends upon the statements and the evidence if the court is satisfied there is a proper reason for staying apart or the spouse have a valid reason for withdrawing from the other spouse’s society then the court may grant the degree in favor of the defendant.

If the petitioner gets rejected or the petitioner loses the case then the petitioner has the right to file a case for judicial separation or for divorce.

If the case is taking longer than the petitioner or the court expected then the application may get rejected and the petitioner can file for judicial separation and divorce.

If the decree is passed in the favour of the petitioner but the defendants refused to comply or failed to perform and came back within one year then again, the petitioner can file for judicial separation or divorce.

Conclusion:

Hence it is concluded that conjugal rights include all marital rights not just sexual intercourse, conjugal rights talk about the rights of spouses to living together, sharing household chores, fulfilling responsibility as husband or wife towards each other and the family and just because spouses are not living in the same house does not mean they are not cohabiting, if they are having a conversation or communicating that will ask for restitution of conjugal rights. Also, it is not unconstitutional or it does not violate the fundamental rights of the spouses.

-ALISHA BAWA

 

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