Chapter9 Restitution of Conjugal Rights

-------------------------------------------------------------------------------- Video Description: Restitution of Conjugal Rights (Chapter 9 Summary) The remedy of Restitution of Conjugal Rights (RCR) is available across various Indian personal laws, including the Hindu Marriage Act (Section 9), the Special Marriage Act (Section 22), the Parsi Marriage and Divorce Act, the Divorce Act, and under Muslim law. While criticized as a "relic of ancient times," RCR remains a crucial first step in modern matrimonial litigation. Core Legal Requirements (Under all personal laws): 1. Withdrawal: The respondent must have withdrawn from the society of the petitioner (a total cessation of cohabitation). 2. Lack of Reasonable Excuse: The withdrawal must be without any reasonable cause or lawful excuse. The burden of proving this excuse lies on the person who has withdrawn. ◦ Reasonable Excuse examples include cruelty, the petitioner's persistence that the spouse live with parents, or the husband having another wife. 3. Truth and Bona Fides: The court must be satisfied about the truth of the statements and that the petition is filed sincerely and not with an ulterior motive (such as to possess the wife’s property). 4. No Legal Bar: There must be no other legal ground why the relief should be refused. Relevance and Consequences: • Enforcement: A decree for RCR can be executed by the court through the attachment of the respondent’s property. • Pathway to Divorce: Under the Hindu Marriage Act, Special Marriage Act, and Parsi Marriage and Divorce Act, if the decree for RCR is not complied with for a period of one year or more, it becomes a fault ground, enabling the petitioner to sue for divorce. • Ancillary Relief: The decree also enables the claiming of maintenance as an ancillary relief. -------------------------------------------------------------------------------- Textbook Source Credit Textbook Title: Chapter 9 - RESTITUTION OF CONJUGAL RIGHTS AND REMEDY FOR BREACH OF DUTY TO COHABIT (Family Law) Author: Paras Dhawan Page Reference: 171–179, and relevant sections in 568–587. --------------------------------------------------------------------------------