Marriage is an institution where man and woman are bound or solemnized to give some conjugal rights to each other. If any one of them fails to do so, other can file a case to get restitution of conjugal rights in India. This right is guarded under the Section 9 of The Hindu Marriage Act, 1955.The law says,
“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights and the court, on being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”.
At first reason should be genuine to claim for restitution of conjugal rights. If a person is found at guilty then there can be some solutions as mentioned below:
One option is to reconcile with mutual understanding taking help of lawyer or NGOs.
Another option is to file an application to get divorce.
Both can judicially separate.
Therefore, you should better consult a good family lawyer who can better suggest and guide you about your case. But you need to hire an experienced matrimonial lawyer. One name that has earned a strong reputation in this regard is what G.S Bagga is all about.
