Restitution of conjugal rights
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Summary
If a husband or wife, without reasonable excuse, withdraws from the other's society, the other spouse can petition the district court for restitution of conjugal rights. The court may grant the decree if it is satisfied of the petition's facts and finds no legal reason to refuse. The person who withdrew must prove they had a reasonable excuse.
Example
Priya has left the house and refused to live with Arjun for months without reason. Arjun petitions the district court for restitution of conjugal rights. If the court believes Arjun's claim and Priya cannot prove a reasonable excuse, the court may order her to return.
Bare Act
Enacted textWhen either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
ExplanationsWhere a question arises 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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
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