top of page
Search
  • leadindia836
    • Nov 16, 2022
    • 3 min read

What If A Husband Denies The Wife’s Rights?

Every relationship is based on the trust between the two people, the respect they give to each other and their companionship. In case any relationship lacks any of these, the relationship could not last long.


When one’s spouse denies him/her conjugal rights, one can seek legal help by claiming the restitution of his/her conjugal rights. As per the law provided, in case a husband or wife withdraws himself/herself from the society of his/her partner without providing any reason or information, the aggrieved person has the right to move the court for the restitution of conjugal rights.


In case the Court agrees that there is no legal ground to refuse the application, it may pass a decree of restitution of conjugal rights.


The various provisions for the restitution of conjugal rights are-

  • Section 9 of the Hindu Marriage Act, 1955

  • Section 22 of the Special Marriage Act, 1954

  • Section 32 of the Indian Divorce Act, 1869.

  • Section 36 of the Parsi Marriage and Divorce Act, 1936

Withdrawal from the society- Meaning

Withdrawing from the society of the other does not necessarily means to completely desert the other party or to live separately, it could also mean-

Withdrawing from sexual intercourse

  • Not cooperating in regards to the marital obligations.

  • Intending to abandon

  • Voluntarily ceasing to cohabit with the partner.

Reasonable clause- Meaning

The wife shall have to prove that the wife has denied him his marital rights as well as has withdrawn from his society without providing any reasonable grounds. While, the husband would have to prove that there is an actual valid reason, such as a matrimonial misconduct on the part of the wife which made it impossible for her to continue to live with him, failing which the court would pass the decree of restitution of conjugal rights.


Grounds for granting the application of Restitution of Conjugal Rights

  • Either of the spouses shall be withdrawn from the society of the other. They could be living under the same roof, however, they should have withdrawn from the society of the other, thus the withdrawal should be from the mental cohabitation.

  • The court should be satisfied that such withdrawal is based on an unreasonable ground

  • In case the relief is denied, no legal grounds are mentioned.

Cases related

  • In the case of Pravinaben v S.T. Arya, it was held by the court that if the wife is working at a place away from the house with the consent of the husband, the husband in such a situation cannot file a restitution suit.

  • In the case of Jagdish v Shyam, the impotency of the husband was proved by the wife in the court, which was accepted as a reasonable ground by the court, hence denying the husband’s application for the restitution of conjugal rights

Procedure to be followed

  • The aggrieved spouse shall file the suit for the restitution of conjugal rights in the District Court, after having a thorough discussion with a Delhi Lawyer, who could guide her through the provision of law related to her case.

  • A copy of the petition shall be sent to the defendant along with the date of hearing.

  • Both the parties are required to be present at the court on the date provided.

  • The parties will then be sent for the counselling sessions. Generally, 3 such sessions are recommended by the court with an interval of 20 day

  • The court shall provide the decree based on the hearing and the counselling sessions held.

Rejection of the restitution suit

  • The restitution petition could be denied by the court on the following grounds-

  • If there is any matrimonial problem

  • If there has been a matrimonial conduct

  • Cruelty caused by the applicant

  • In case either of the spouses marry again

  • The proceeding has been delayed in an unnecessary or improper manner.

Conclusion

The main aim behind the provision of the restitution of conjugal rights is to create a good relationship between the couple. In case the court rejects the restitution suit, the aggrieved party has the option of judicial separation or could file for divorce. For further information on the provisions of law related, it is advised to seek the advice of an experienced Lawyer In Mumbai.

Lead India offers you a wide pool of experienced advocates, who have been successfully handling the cases related to the application of RCR, judicial separation, divorce, maintenance, etc. as well as Court Marriage Lawyer In Delhi.


Call Us: - +91-8800788535

Email: care@leadindia.law

4 views0 comments

Comments

bottom of page