What is restitution of conjugal rights?
A decree of restitution directs the spouse to resume cohabitation. The court cannot physically force it, but if the decree is not complied with for one year, it becomes a ground for divorce under section 13(1A).
The respondent can show a reasonable excuse for staying away, such as cruelty.
Who may need this service
- A spouse whose partner has left without a reasonable reason
Legal framework
Section 9 of the Hindu Marriage Act, 1955; section 22 of the Special Marriage Act, 1954.
Documents generally required
- Marriage proof
- Evidence of withdrawal and attempts to reconcile
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess. Confirm the facts and reasonable excuse issues.
- Petition. File in the family court.
- Hearing. Evidence and arguments.
- Decree. Decree of restitution if proved.
Common problems we see
- Petition used tactically
- Counter-allegations
How an advocate can help
- Advise on merits
- Draft and argue the petition
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Frequently Asked Questions
What happens if the decree is not obeyed?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.