Restitution of conjugal rights under Section 9 of the Hindu Marriage Act allows a spouse in India to seek a court decree asking the other spouse to resume cohabitation after withdrawal from the marriage without reasonable excuse.
When the Remedy Applies
- One spouse has withdrawn from the marriage without a valid reason
- There is no legal justification such as cruelty or desertion
- The petitioner genuinely wishes to resume marital life
Legal Effect
If the respondent does not comply, the decree itself may become a ground for divorce or support a claim of desertion. Non-compliance alone does not end the marriage.
Restitution of conjugal rights in India is often used as a strategic step in family disputes. Understanding its consequences matters before filing.
Speak to FileX Advocates & Legal Consultants in Kolkata about restitution of conjugal rights and your options.