Restitution of conjugal rights
[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
[Explanation: Where a question aries whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
As during the lifetime of first spouse living, the second marriage is void, the man marrying when his first wife is living cannot claim restitution as against the second wife. Asha Kumari v.Satish Kumar 1990(1)HLR7
In case there is continuous demand of dowry on the part of husband, this would amount to giving reasonable cause to the wife to withdraw herself from the society of the husband.-Narinder Kumar v.Chander Prabha 1990(1)HLR518
Where a suspicious husband writing letters to the wife raising baseless allegations and unwilling to regret in spite of the fact that wife is not willing reconcile, it is not only the husband who is at fault in case the wife denies him his conjugal rights.-A.B.Bakre v.B.S.Bakre AIR 1991 Bom 165
Leaving home by the husband intending thereby terminating cohabitation permanently that conduct would amount to desertion on the part of husband. But, where the husband claims restitution of conjugal rights after a big gap of seven years, there is justification when the wife does not accompany her.-G. Ramakrishna Pillai v.j.Vijaya Kumari Amma AIR 1990 Ker 55.
Where the husband makes the allegation of unchastity so that she is returned to her matrimonial home, and the allegation is not found to be baseless, it was held that this has to be considered along with the persistent refusal of the wife to stay with the husband. In the instant case, the petition moved by the wife for restitution of conjugal rights was not granted.-Ammini.V Kuttappan 1990(1) HLR 454
In case there is no proper explanation as regards delay in filling the petition of restitution of conjugal rights, application should be regarded as unnecessary and improper- G. .Ramakrishna Pillai v. J.Vijaya Kumari Amma AIR 1990 Ker 55.