Restitution of Conjugal Rights: a Legitimate Claim or Pseudo Defence

Volume : V, Issue : IV, April - 2015

Hiranmaya Nanda

This article is an attempt to reflect the prime objective of restitution of conjugal rights enshrined under

different personal laws. According to the Hindu Marriage Act marriage is a civil contract and a religious

ceremony where variety of rights and obligations enjoyed and performed by the parties to the marriage, cohabitation

being one of them. If there is no reasonable ground for living apart, the court orders for cohabitation and enforces the

Contract there is nothing wrong as the parties had voluntarily stipulated this at the time of entering into the marriage

relationship but where there is a reasonable ground for living apart and to avoid in providing maintenance, restitution

of conjugal rights petition is filed before the court. So the question is whether it is a legitimate claim or pseudo defence.