Benefits of filing PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

Introduction

Conjugal refers to the right to stay together as a married couple. According to section 9 of the Hindu Marriage Act (1955) , it’s unlawful for either spouse to exclude the other from social circles without justification. The aggrieved party can seek court intervention to restitution of the Conjugal rights. In simple terms, it re-establishes the companionship of spouse who has left the relationship without a valid reason. 

Purpose of Section 9: Is to restore conjugal rights by mandating spouses to live together when one has unjustly distanced themselves. It emphasizes the value of preserving martial ties and is seen as a provision saving marriage.

Requisites for Section 9: The spouses are not allowed to live together. There should be no justification for one party to leave the other .Restitution of martial rights must be applied by the aggrieved party. Section 9 essentially acts as a legal tool to promote the martial reunion of spouses. It emphasizes the value of maintaining martial unity and offers a methodical way asking for restoration of conjugal rights. 

Grounds for Application: The provision states when one spouse has unjustifiably left the matrimonial home. The aggrieved party whether husband or wife can start the legal procedures.

Key benefits for filing a Petition: 

1. An attempt to keep the marriage together, restoring martial harmony is one of the main goals of submitting this petition. It shows that the petitioner is prepared to stay married and prevent a divorce. The shows that the petitioner is prepared to stay married and prevent a divorce. The spouse may occasionally come to an understanding and reconcile as a result of this judicial action.
2. This Petition demonstrates that the petitioner tried to keep the marriage intact in the event of future litigation. This frequently taken into consideration by courts, particularly when making decisions about alimony or maintenance.
3. If not complied with the grounds for divorce Section 13(1A)(ii) of the Hindu Marriage Act allows the petitioner to utilize a court issued decree for the restoration of conjugal rights as grounds for divorce if it is not followed for year .When all attempts at reconciliation are unsuccessful , it may therefore be used  a reason for a divorce.
4. Protection against unfounded charges, false accusations of abuse, neglect or desertion. Filing a restitution petition can help the defend against such false allegations. 
5. Promotes Judicial Intervention by filing a petition for restitution takes the matter before the court which may also recommend mediation or counselling. Judicial intervention can often pave the way for amicable resolution.

FAQ

1. Which laws provide for the restitution of conjugal rights in India?
Ans: Section 9 of the Hindu Marriage Act,1955
        Section 22 of the Special Marriage Act, 1954 
        Section 32 of the Indian Divorce Act, 1869 
        Under Muslim personal law through Judicial precedents

2. Who can file for Restitution of conjugal rights?
Ans: Any legally married couple either husband or wife can file for Restitution of Conjugal rights stating who has been deserted without any reasonable cause by their partner.

3. What happens if the respondent disobeys the decree?
Ans: If the spouse fails to comply with the decree without one year , ir becomes a valid ground for Divorce under Section 13(1A)(ii) of the Hindu marriage Act.

4. Is there any time limit for filing this petition?
Ans: There is no strict limit prescribed, but the petition must file within a reasonable period after the spouse withdraws, depending on the facts and circumstances of the case.

5. What is the role of the court after the decree is passed?
Ans: The court does not force physical union but observe whether the decree is being followed.