Restitution Of Conjugal Rights

   Has your spouse left you? Have you already filed a petition and gotten a decree in your favour and is your spouse not respecting the court’s order? Have you been pondering your next step? Have you been deserted without any fault of yours?

If you are exploring your legal options in a time like this, it is essential that you get in touch with your legal counsel before making any rash decisions. 

  • Restitution of Conjugal Right – Getting Started

India is a nation that holds marriage in the highest esteem, as it is viewed as a ritual of union that is both sacred and sentimental. As a result, there are certain rights as well as duties that both the husband the wife must agree to. 

The very institution of marriage requires cohabitation, and it is in fact a must! In the offset, that either the husband or the wife starts living alone, separate from the other party without a reasonable excuse, the aggrieved party may legally compel the return to marital life, by filing the petition of restitution of conjugal rights.

  • Spelling Out the Law – Restitution Of Conjugal Rights

As per the esteemed powers presented to the court of law, it can enforce the “restitution of conjugal rights” upon the fulfilment of certain conditions. Such as first if the respondent has withdrawn from the society of the petitioner and second it is without any reasonable cause it serves as grounds for the provision known as the restitution of conjugal rights.

  • Filing Eligibility and Place of Jurisdiction 

Either spouse can file the petition for the restitution of conjugal rights, however, he or she will need to ensure that the basic criteria are present. First and foremost, there must be a valid marriage, and thereafter the spouses should not be staying together. 

If you have filed a petition for restitution, the court will not always take your side! The court will only come to the final conclusion and take a stance based on the facts mentioned in the petition and listening to the aggrieved party. 

The petitioner must file the case, either in the place, their marriage was performed, or the place that the husband and wife had last stayed together. 

  • What Next? – Outcome And Consequences For Refusal Of Compliance 

If the decree of restitution of conjugal rights has been passed by the court then it is non-negotiable and even mandatory that the respondent resume cohabitation with the petitioner. This is something that they must comply with within one years time if that condition is not met it can again serve as the grounds of divorce for the plaintiff. 

Do you want to know the potential remedies when your spouse doesn’t respect the court’s order? Then it is highly recommended that you get in touch with legal counsel and describe the exact nature of your case. As they can best guide you on the next steps with regards to your personal circumstances. However, if you want to try our service, then request you to get in touch with us regarding any questions or concerns you have about your case!

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