• Restitution Of Conjugal Rights

  • The Hindu Marriage Act, 1955 has a provision for the restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by Petition to the District Court, for restitution of conjugal rights. The court, on being satisfied of the truth of the statements made in such Petition and after ensuring that there is no legal bar in granting relief to the Petitioner, may pass decree of restitution of conjugal rights, directing the husband or wife, as the Case could be, to join the company of the other and start living together as husband and wife.

    Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

    Where The Restitution Of Conjugal Right Petitions Could be filed:

    The Petition for restitution of conjugal rights could be filed before:

    • District Judge/ Additional District Judge (ADJ);
    • Family Court

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e. The Hindu Marriage Act, 1955, The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, Other relevant Acts, Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances. 

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and wanted to have Legal Consultations with the empanelled Lawyers at Hello Counsel.

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