Restitution of Conjugal Rights in Indian Penal Code

 Restitution of Conjugal Rights :

Matrimonial law defines marriage as a union between two people that binds them to each other, imposing certain rights and duties on them, but the most important of which is that they live together under one roof and begin a family. It is for these reasons that after the solemnization of marriage, either spouse may, for whatever reason, refrain from fulfilling his/her duty towards the other spouse, and in such a case, the other spouse will be entitled to file a petition for restitution of conjugal rights against the former spouse. Upon hearing the petition, the court may decide to revert the conjugal rights of the petitioner if the petitioner is satisfied with the court's decision. 

Even a layperson can understand that by simply reading the phrase, it means "the restoration of the marital rights" by simply reading what it means. Nevertheless, before diving into what the law means, it is important to understand precisely what a Conjugal Right is in its basic sense. The Hindu religion considers marriage to be one of the most sacred ceremonies in the world. In a Hindu marriage, during the Saptapadi ceremony, the husband and the wife are obligated to perform certain rights and duties in relation to each other that both have against the other. Under Hindu law, these rights and responsibilities are deemed to be conjugal rights or marital rights because they are binding upon both the spouses. In addition to these important conjugal rights, other important conjugal rights that are imposed on the spouses are the rights of residing as husband and wife under the same roof, procreation, raising a family, etc.

Almost all parties to a marriage have great hopes and expectations for their future marriage. However, there are times when things don't work out and the parties have to go through a divorce process. There is no doubt that divorce is a dire step that ends the relationship in its entirety, so if one of the spouses believes that there could be a chance to save the marriage, then he or she can file an application for Restitution of Conjugal Rights in order to have a fresh start for the marriage. In the 1970's, it was abolished since it has its origins in the feudal English Law, which was a legacy of the feudalism era. It is important to make a point here that this kind of restitution could only be requested in the event of a valid marriage, which is an extremely important point.

The decree of restitution of conjugal rights entails that the respondent spouse is required to cohabit with the plaintiff spouse and should fulfill his or her obligations to the plaintiff spouse against the respondent spouse. If a deserted spouse wishes to continue with the marriage under the Hindu Marriage Act or the Special Marriage Act, the only recourse that is available to him/her is to seek restitution against the deserted partner. If the party against whom the restitution of conjugal rights was sought willfully disobeys the decree, coercive measures such as the attachment of property can be used in order to enforce that order. Additionally, the party complained against may also be punished for contempt of court. 

The provisions for restitution of conjugal rights are set out in Section 9 of the Hindu Marriage Act, 1955, Section 22 of the Special Marriage Act, 1954, and Order 21, Rules 32 and 33 of the Civil Procedure Code, 1908.

Restitution of Conjugal Rights in Indian Penal Code :

Due to the Hindu Law of marriage, which is based on the rights of matrimonial remedy, there are certain rights of matrimonial remedy which are called conjugal rights in Hindu Law. Generally, marriage is solemnized for two people to live together and cohabit and if either of the two people is deprived of conjugal rights, then the person can file a case with the Indian Penal Code for the restitution of conjugal rights. There is a provision in the Hindu Marriage Act, 1955 on the restitution of conjugal rights provided in its section 9. Those who have been victimized can file a petition for the restoration of the conjugal rights with the district court for the purpose of restitution. There is a provision in the Hindu Marriage Act that allows an aggrieved party to apply for maintenance if he or she is in debt. In the event that a wife doesn't wish to separate from her husband through the judicial process, she can ask him for maintenance.

According to Section 9 of The Hindu Marriage Act, 1955, the conjugal rights of the parties in a marriage are guaranteed. In accordance with this law, “When either the husband or the wife, without reasonable excuse, withdraws from the society of the other, the aggrieved party has the right to file a complaint with the District Court. When the court is satisfied that the statements made in the petition are true and that there are no legal grounds for denying the application, the court may decree the restitution of conjugal rights according to the petition, after it has been satisfied that the petition should be granted.

A second important implication of this act is that in the case of a condition of no restitution of conjugal rights between a husband and wife after a decree for restitution of conjugal rights has been passed under section 13 (1) of the Hindu Marriage Act, 1955, a divorce is allowed.

In essence, restitution of conjugal rights is intended to promote reconciliation between the spouses and to preserve their matrimonial relationship, and this should be seen as a remedial step to facilitate reconciliation. There should still be no doubt that both parties will have the final say as to whether they obey the decree of restitution of conjugal rights in order to keep their marriage intact or not.