A PETITION FOR RESTITUTION OF CONJUGAL RIGHTS U/S 9 OF THE HINDU MARRIAGE ACT 1955
HIGHLIGHTS
1. During the British rule, restitution of conjugal rights was introduced into the Indian Law. Section 9 of the Hindu Marriage Act and section 22 of the Special Marriage Act provide that when the husband or the wife withdraws from the company of the other without good reason, the affected person can move the Court for restitution of conjugal rights.
2. For not obeying the orders of conjugal rights, after one year of separation, either party would be entitled to divorce the other.
3. The provision for restitution of conjugal rights is a tearless way to divorce. It   is   also   used   for   reconciliation   and   reunion. Misunderstandings do take place in marital life, and in our country,
in-laws add their bit of trouble to each marriage. In such cases, the
Court could be a meeting place to sort out the misunderstandings of all the parties. The Court adopts a humane approach and resolves the conflict between the spouse.
4. Restitution of conjugal rights does not mean restitution of sexual rights. The Court, at the best, can ensure cohabitation or living together but cannot enforce sexual intercourse. The legal situation is somewhat like this -  "You can take the horse to water, hut you cannot make the horse to drink water."
5. When a man and a woman get married, it is understood that they would cohabit or live together and share the conjugal bed.