Since marriage takes place as per Hindu Law, it gives some rights of matrimonial remedy which are called conjugal rights. Marriage is solemnized to live together and cohabit and if any of two in marriage is deprived of conjugal rights, he or she can file a case for the restitution of conjugal rights in Indian Penal Code. Section 9 of the Hindu Marriage Act, 1955 provides the restitution of conjugal rights. The victimized party can file a petition to the district court for the restitution of the conjugal rights. Aggrieved party can apply for maintenance under Section 25 of the Hindu Marriage Act. A wife who does not want to separate judicially can ask for maintenance from her husband.
The conjugal rights in marriage are guarded under the Section 9 of The Hindu Marriage Act, 1955.According to this law,
“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights and the court, on being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”.
Another important implication about this act is that it provides a ground for divorce in a condition of no restitution of conjugal rights between husband and wife for a period of one year or more after passing of a decree for restitution of conjugal rights under section 13 (1A) of the Hindu Marriage Act , 1955.
Basically, the restitution of conjugal rights is a remedial effort to promote reconciliation between both the parties and maintenance of matrimonial. The final decision however remains both of the parties whether they obey the decree of restitution of conjugal rights and want to continue their marriage or not.
