In India, if a married and separated husband and wife decide to live together, there is a mechanism in the law for them to live together, they can file a case in the court based on the law called Restitution of Conjugal Rights, this law is called RCR for short.
What is restitution of conjugal rights?
If a married and separated couple wants to live together again, there is a place in the law, that law is called Restitution of Conjugal Rights.
If a married couple living apart due to ego, interference of relatives or family problems, anger, hatred etc. wants to live together, they can file a case based on this law.
According to the Restoration of Matrimonial Rights Act, if a husband or wife fails to live conjugal life or refuses to fulfill the obligations imposed on them without reason, the aggrieved party can seek legal aid in the court of the concerned district, It is recognized in law as a remedy to bring together estranged husband and wife.
According to Section 9 of the Hindu Marriage Act, 1955, when a husband or wife withdraws from the social circle of the other without reason. This means that when a married couple is living apart, the aggrieved husband and wife can file a petition in the district court to restore their conjugal rights. If the court determines that the reasons presented in the petition are valid and do not adequately protect the lives of married couples, the court may declare restoration of conjugal rights.
What is special about restitution of conjugal rights?
This law is helpful when the wife or husband expresses a desire to live together so that they can live together without suffering the bitterness of separation.
What are the procedures to be followed for restitution of conjugal rights?
The aggrieved spouse or husband should file a petition for cohabitation in the district court.
Thereafter the court will hear the petitioner’s case application.
Both the parties have to appear in the court on the dates specified for the hearing of the court case.
The court initiates an amicable settlement between the two parties. For this the court appoints a legal counsel common to both the parties for consultation and arranges meetings with the counsel.
The stage for amicable negotiations is called the mediation period or conciliation period in the case.
This mediation period is usually conducted in three sessions in courts with an interval of 20 days.
If no settlement is reached during this mediation period, the court will again end the mediation talks and start the court hearing. If a compromise is reached, the case will be closed.
The court will make a decision based on the data provided by both parties as well as the opinions and suggestions of both parties.
Documents required to file restitution of conjugal case?
- address proof,
- Identity proof of the petitioner,
- proof of marriage,
- Petitioner’s photograph,
- Any evidence which would help to verify the jurisdiction of the court.
What are the essential elements of a case of restitution of conjugal?
The parties filing a petition for restoration of conjugal rights must be legally married to each other. Both the married husband and wife must have lived separately. Married couples break up without valid reason and reasons like low ego, anger towards family members etc. The court must first prove that the husband and wife are not living a married life and living illegally.
What are the sections of restitution of conjugal law in India?
Hindu Marriage Act 1955.
That is, Article 9 of the Hindu Marriage Act contains a provision for restitution of joint rights.
Accordingly, if one of the spouses withdraws themselves from the society of the other, i.e., if they live apart without just cause, the aggrieved husband or wife has the legal right to return and rehabilitate the marital life.
If the court finds that there is no legal ground for denying the petition, the court may pass an order for restoration of the joint rights of the husband or wife based on the truth of the statements in the petition.
Law for Christians?
Section 32 of the Indian Divorce Act 1869 for Christians.
This Act also follows the same procedure as mentioned above only the categories differ and so do the following Acts for the two categories.
A law for people of two different religions?
This is what I mean by mixed marriage. If this marriage is registered under the Special Marriage Act, that is, people who are married in different castes and religions can petition to live together according to this law and try through the court.
Section 22 of the Special Marriage Act, 1954.
Law for Muslims?
Similarly, for Muslims who have performed Nikah (marriage) according to Islamic religious rituals, all these laws are Islamic divorce laws that allow a separated couple to legally live together again.
Section 281 of the Muhammadan Law deals with the aspect of restoration of conjugal rights, but does not elaborate on the circumstances under which a decree for restoration of conjugal rights can be granted or refused.
How to petition for restitution of conjugal rights in India?
If a married couple is living apart without a valid reason, either of the two desiring to live together must first file a case in the court nearest to their residence under the above mentioned legal sections.
If a separated husband or wife goes to the court to let my partner live with me, that one reason will make another person fall in love with him. This lowers their ego and creates opportunities for them to reconnect.
Restitution of conjugal rights To whom does this legal procedure apply?
This law applies only to those who are legally married.
This law does not apply to couples living together.
Both of us live in the same house but there is always a fight between us so we can’t be sued under this law saying keep us together.
It should be proved that both are living separately in two different residences.
The petitioner who has applied for inclusion has to prove his side.
Only if the court is satisfied on the part of the petitioner will the opposing party be called to the court.
If the opposite party puts forward a valid reason for living apart, it will be accepted if there is truth in it.
If justice is on the side of the petitioner then the verdict is that both should live together.
If the opposite party refuses to accept the decision that the couple must join the family, they can appeal to the High Court.
What is the time limit of decree for restitution of conjugal rights?
If an order for restoration of conjugal rights or right of cohabitation is not followed by the court for more than one year after the date of the order i.e. if the estranged husband or wife do not live together after obtaining the order from the court i.e. after obtaining the order to live together then it is a good ground for divorce.
You can wait up to a year after getting a court order, and if you don’t live together for more than that, you can get a divorce.