Restitution of Conjugal Rights in Hindu Marriage

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Restitution of Conjugal Rights in Hindu Marriage

Unread postby Admin » Sat Aug 18, 2012 8:34 am

Restitution of Conjugal Rights in Hindu Marriage

The husband and wife both can go into the court by filing the suit for the restitution of conjugal rights against other party. The obligation of the wife to live with her husband is not absolute. Marriage confers important rights and entails corresponding obligations both on the husband and wife some of these rights are capable of being altered by the agreement freely entered into by the parties but in the main the obligations arising out of marriage are laid down by the law.

An important obligation is consortium which not only means living together but implies a union of fortunes. A fundamental principal of matrimonial law is that one spouse is entitled to the society and comfort of the other. Thus where wife without lawful cause, refuses to live with her husband the husband is entitled to sue for restitution of conjugal rights and similar the wife has the right to demand the fulfillment by the husband of his marital duties. Either party to a marriage may sue the other restitution of Conjugal Rights. This right is given to both the parties. The law recognizes circumstances which justify her refusal to live with him. The court may refuse to pass a decree for conjugal rights against wife if the husband is suffering from a loath-some disease, such a leprosy or syphilis or if he keeps a concubine in the house, or is guilty of cruelty in a degree rendering it unsafe for the wife to return to her husband’s dominion. Or if he adopts another religion. But the mere fact of the husband marrying a second wife, or mere infidelity on the part of husband, or the fact that the wife is a minor, is not by itself sufficient to disentitle the husband from claiming restitution of conjugal rights.
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