Petition for restitution of conjugal rights
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Summary
Either spouse can petition the District Court or the High Court when the other spouse, without reasonable excuse, withdraws from cohabitation. If the court is satisfied the petition's statements are true and there is no legal ground to refuse, it may decree restitution of conjugal rights and order the spouses to resume living together.
Example
Priya moves out of the shared home without a reasonable excuse. Ravi files a petition in the District Court; if the court finds Ravi's statements true and sees no legal bar, it can order Priya to return and resume cohabitation.
Bare Act
Enacted textWhen either the husband or the wife has without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by Petition to the District Court or the High Court, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such Petition, Hand that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
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