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Restitution of Conjugal Rights

A husband has the right to require his wife to live with him wherever he may choose to reside. On the other hand, it is corresponding duty of the wife to live with her husband. However, there may be circumstances which compel the spouses to live in different places. These circumstances may furnish reasonable or just excuse to the wife to live at a different place. It is for the Court to decide as to whether the circumstances permit the wife to reside apart from her husband.

Law provides that when either husband or the wife withdraws from the society of the other, the aggrieved party may apply to the Court for a direction that the other party should live with him or her. (Section 9 of the Hindu Marriage Act). Such a petition is to be filed before the District Judge.

The petitioner has to satisfy the Court that the other party has without reasonable excuse withdrawn from his or her society. So, if your spouse has without reasonable excuse withdrawn from your society, you may file petition before the District Judge for such a relief. When you file such a petition, Court is to satisfy that you have a bona fide desire to bring your spouse to your company. Remember, when the Court finds that your own conduct debars you from seeking this relief of the company of your spouse or a fact shows that you are taking advantage of your own wrong, Court shall dismiss your petition. 


Your petition may be dismissed in case Court finds that there is no truth in the statements made in it. If Court finds that your spouse has reasonable excuse in withdrawing your society, even then your petition shall be dismissed. Court shall dismiss your petition, if it is found that there is any other legal ground for dismissing the same.