IndiaWhat is restitution of conjugal rights?
Restitution of conjugal rights is a legal remedy allowing a spouse to petition the court for the return of the other spouse to cohabitation after they have withdrawn without reasonable cause.
What the Law Says
Restitution of conjugal rights is a statutory remedy available to either spouse when the other has withdrawn from the marriage without reasonable excuse. It is not about enforcing cohabitation by force, but about restoring marital cohabitation through court order.
The remedy is provided under Section 9 of the Hindu Marriage Act, 1955 for Hindus, and Section 22 of the Special Marriage Act, 1954 for inter-religious or civil marriages. A petition can be filed in a district court where either party resides. The court may grant a decree if satisfied that the petitioner has not been at fault and the respondent has withdrawn without reasonable cause.
Once granted, the decree does not compel physical cohabitation — it only declares the legal right to cohabitation. Failure to comply does not attract punishment, but may be relevant in subsequent proceedings like divorce or maintenance.
Statutory TextWhen either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights...
— Hindu Marriage Act, 1955, s. 9 — Restitution of conjugal rights
Statutory TextWhen either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may present a petition to the district court for restitution of conjugal rights...
— Special Marriage Act, 1954, s. 22 — Restitution of conjugal rights
What Courts Have Said
Indian courts have interpreted restitution of conjugal rights narrowly, emphasizing consent, dignity, and constitutional values — especially after concerns about its coercive potential.
Held Section 9 of the Hindu Marriage Act unconstitutional as it violates personal liberty (Article 21) and right to privacy; compels involuntary cohabitation.
Overruled T. Sareetha; upheld constitutionality of Section 9, stating it serves social interest in preserving marriage and does not violate Article 21.
What to Do
File a petition in the district court where your spouse resides or last resided with you.
State facts clearly: date of marriage, date of withdrawal, absence of reasonable excuse, and your willingness to live together.
Serve notice on the respondent; they must file a written statement within 30 days.
Attend hearings; court may attempt reconciliation before passing decree.
If decree is granted and not complied with, you may later cite it as evidence of desertion in a divorce petition.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.