Restitution of conjugal rights is a legal concept that refers to the right of a spouse to reclaim their conjugal relationship with their spouse if it has been terminated without their consent. In India, this concept is governed by Section 9 of the Hindu Marriage Act, 1955, which provides for the restitution of conjugal rights as a form of relief in cases where one spouse has withdrawn from the company of the other without reasonable cause.
Under this section, if one spouse has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may file a petition in the court seeking an order for the restoration of conjugal rights. The court, upon being satisfied that the withdrawal is without reasonable cause, may order the respondent (the spouse who has withdrawn from the society of the other) to resume cohabitation with the petitioner (the spouse who has filed the petition).
However, it is important to note that the court will not grant an order for the restitution of conjugal rights if it is satisfied that the respondent has been subjected to cruelty by the petitioner, or if the respondent has a valid defense to the petition. In such cases, the court may dismiss the petition and grant a decree of judicial separation or divorce instead.
It is also worth mentioning that the concept of restitution of conjugal rights has been subject to criticism for being archaic and gender-biased. Some have argued that it imposes an obligation on one spouse to resume cohabitation with the other, even if they do not wish to do so. Others have pointed out that it disproportionately affects women, as they are often the ones who are denied their conjugal rights and are then forced to seek legal remedies.
In conclusion, the restitution of conjugal rights is a legal concept that allows one spouse to seek an order from the court for the restoration of their conjugal relationship with their spouse if it has been terminated without their consent. However, this concept has been criticized for being archaic and gender-biased, and it is important to consider these criticisms when discussing its relevance in modern times.