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Restitution of Conjugal Rights

RESTITUTION OF CONJUGAL RIGHTS


Today people are living in modern world. People are more busy in their professional life than their family life. Since marriage is responsibility, every person keep some expectation from his or her partner. Sometimes if one partner  suddenly leaves company of other partner without giving reasons, it takes both of them towards divorce without any need because of clashes of personal egos and attitude. If husband or wife leaves each others company without any reasonable cause, then aggrieved party can approach Hon’ble Court for relief. If court satisfied, it directs party at the default to resume household duties.  Aggrieved party can file petition under section 9 of The Hindu Marriage Act 1955 for Restitution of Conjugal Rights.

THE FOLLOWING ARE THE INGREDIENTS FOR RESTITUTION OF CONJUGAL RIGHTS UNDER THE HINDU MARRIAGE ACT, 1955.


DESERTION

Husband or wife left the company of each other.

 UNREASONABLE GROUND

Husband or wife must left company without any reasonable cause .

 APPROACHING COURT

A person aggrieved should approach Court for relief..

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS IS SOMETIMES PLAY A ROLE OF PERFECT MARRIAGE SAVER :

If husband or wife leave the company/ or matrimonial home, aggrieved party instead of stretching the dispute towards divorce, can simply send one notice under Restitution of conjugal rights directing defaulting party to resume matrimonial life. Most of the time on receipt of the notice matters gets settled as parties thinks more about after effects of not complying notice. Notice ultimately proves good intentions of other side that he or she wants to reside with him or her.

Even after sending notice if the party at the default is not ready to resume matrimonial duties, aggrieved party can approach the Court. Court if found that reason for leaving company was not justifiable then Court pass decree in favour of aggrieved person.

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