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CONJUGAL RIGHTS-"REPATRIATION OF MARITAL RIGHTS"

CONJUGAL  RIGHTS- REPATRIATION OF MARITAL RIGHTS


CONJUGAL  RIGHTS

The Hindu Marriage Act, 1955 (section 9) states that if either spouse, without proper excuse, withdraws from the society of the other, the aggrieved party can approach the court for restoration of conjugal rights.

 

 RESTITUTION OF CONJUGAL RIGHTS


Section 9 is to save the marriage.

Restitution of Conjugal Rights - (Right to stay together)

If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

 

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.

        

However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. 

 

 

The term conjugal rights may be blamed against either spouse for abstaining from the other party without reasonable cause. If the suit is successful, the couple will need to live together.

 

The decree of reinstatement of constitutional rights cannot be made by forcing a party that has moved away from that party to another party that petition for reinstatement.

 

 

 

BASIC REQUIREMENTS TO FILE SECTION 9

Section 9 has three important requirements to be fulfilled:

1.     Spouse should not live together

 

2.     There should be no proper basis for such withdrawal to remove one party from another.

 

3.     For restoration of constitutional rights, the aggrieved party should apply.

 

 


BASIS ON WHICH PETITION FOR REINSTATEMENT OF CONSTITUTIONAL RIGHTS CAN BE DISMISSED

·        If the defendant is able to claim any marital relief.

 

·        If the petitioner admits that he has committed any marital misconduct.

 

·        If the petitioner's action makes it impossible for the defendant to live with him.

 

·        Onus under Section 9 of the Hindu Marriage Act.

 

·        Primarily, the petitioner has the burden of proving that the defendant has released him. When the petitioner successfully proves this, the respondent shifts to the respondent to prove why the respondent moved away from the petitioner's society, which is a reasonable basis to support ./.

 

 

 

WHERE DOES THE COMPLAINT IS FILE?

In whose jurisdiction is the Civil Court -

·        The parties were married.

·        Husband and wife live together.

·        The husband and wife were together for the last time.

 

 


WHAT CAN AN EXCITED PARTY DO?

The aggrieved party can file a petition in the district court. When the court is satisfied with the points of the aggrieved party and when the court does not know any reason why the application of the aggrieved party should not be supported, the court shall restore the conjugal rights in favor of the aggrieved party.

 

An application for reconsideration of marital rights appears before the District Court. It is fatal to delay unreasonably in submitting a narrative application.

 

 In case there is no replacement for 1 year or more after passing the decree under the section, marriage proceedings can be initiated under Section 13 (1-A).

 

If the wife or husband remains separate from each other's companionship without any reason, then the decree to restore marital rights can be passed. The decree is executed in accordance with the provisions of Order 21 Rules 32 and 33. The party presenting the application has the initial burden of proving the charge but according to the circumstances of the case, the burden of proving it on the opposing party also falls. When it is proved that the wife has given up, it is not the responsibility of the abused husband to try to reconcile with the wife and the husband cannot be denied the decree of judicial separation if he does not make the effort.

 

 


BEFORE PASSING THE DECREE FOR REPLACEMENT OF MARITAL RIGHTS, THREE THINGS MUST BE SPECIFICALLY OBSERVED -

(1) Whether the spouse has separated from the cohabitation of their spouse without rationalization.

(2) Whether the statement stated in the petition is true:

(3) There is no other statutory basis for rejecting the decree.

 

 

 

 CASE LAWS:

1. "At the time of passing any decree" which is written in section 25 means a decree providing assistance of the nature described in sections 9 to 13 of the Act. Therefore, when the application for substitution of marital rights under Section 9 is rejected and assistance for substitution of marital rights is not provided, providing of nurturing to the wife under Section 25 is outside the jurisdiction.

1980 AIR (Raj.) 102

1973 AIR (Raj.) 03

 

2. What is more humiliating for any wife, and what could happen if the husband accuses them of survival. Husband accuses wife of immorality, beaten, tortured and hunger wife Kepita takes custody of her daughter under Section 100 Penal Code. In such circumstances, the husband is not entitled to receive any assistance, so the husband was not granted a decree for the emancipation of marital rights under section 9 and according to section 23 (1) (a), the husband due to his fault under section 9 Is not entitled to receive the decree under

1976 AIR. (Bomb) 212

1969 AIR (SC) 395

 

 

3. If the wife withdraws by presenting a petition for restitution of marriage rights, then the same grounds cannot be filed.

1973 AIR (Raj.) 94

 

 

4. When husband filed petition for repatriation of marital rights, husband accused of cruelty but could not prove it, hence degree was given in favor of husband.

1972 AIR (RAJ) 20

 

 

5. It is the burden of proof on the petitioner to prove that the other party remains separate without justified reason only the statement of the petition is not sufficient.

1972 RLW 568

 

 

7. When the husband has a second wife, the first wife may refuse to live with the husband and it shall not be called abstention by the wife.

AIR 1970 Mysore 59



8. Section 9 Hindu Marriage Act - If the decree of Rajinama has been passed under this section, it shall not be void if it is not canceled by challenge and the Rajinama degree can become the basis for the dissolution of marriage under section 13

AIR 1983 Punjab 59

 

 

9. In one case, the wife left the husband's house on his own and the husband filed a suit for reparation of marriage rights or separation of marriage, accusing the wife of modesty. The court ruled that the proof is on the husband to prove that he did not expel the wife from the house, but the wife is self-inflicted with the husband's connivance, which the husband could not prove and the charge of shoddy corruption escaped from the Section 125 Penal Code The petition was therefore dismissed.

AIR Allahabad 371.

 

 

10. If something happens in the normal development of marital life, it is not called cruelty. If a husband asks for money from his wife or takes her jewelry, she will not be called cruelty.

AIR 1960 Punjab 493           


 

 

 

CAN THE WIFE ASK FOR MAINTENANCE DURING THIS PERIOD?

Yes; The wife can claim maintenance under section 25 of the Hindu Marriage Act. This decree, if not considered, will attach the assets of the judgment-debtor. Further, if this decree is not fixed for more than one year, then the basis of divorce is made after the decree date.

 

 

  

MAINTAINING CONJUGAL RIGHTS DOES NOT MEAN PHYSICAL RELATIONS: HIGH COURT

The Delhi High Court has said that sex between husband and wife is not necessary for the restoration of conjugal rights. The issue of 'conjugal rights' usually arises when the couple files for divorce or there is a rift between the two. In such a case the courts can order to restore the marriage rights between the two.

A woman had filed an application in the Delhi High Court and said that she does not want to have a physical relationship with her husband. A lower court had ordered reinstatement of conjugal rights between the petitioner woman and her husband. On the plea of ​​the woman, the High Court clarified, 'The order to restore the marriage rights does not mean that the husband and wife are obliged to have sex. This means that the two live together. If the couple is unable to restore the conjugal rights for one year, that is, they cannot stay together for a year, then the matter can go towards divorce.

 

The court said that the purpose of the order to restore the marriage rights is that the two parties should live together, live in symbiosis. If this order is not followed, then a divorce application can be filed on this basis. The court said that there is a misunderstanding in the mind of the petitioner about the conjugal rights as there is no compulsion to make sex relations.


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