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Writer's picturethelila500
Sep 23, 20223 min read

WHAT CAN A HUSBAND DO IF HIS WIFE DENIES HIM CONJUGAL RIGHTS?

There could be circumstances which may compel the partners to live in different places, these circumstances may be reasonable or maybe just an excused to live separately from the spouse. Conjugal rights, including the sexual rights are a privilege granted to a married couple.


In case the spouse denies the conjugal rights or withdraws from the company of the party of the other without any reasonable justification, the aggrieved party can file a suit for restitution of conjugal rights. To understand the conditions necessary under which such a suit could be filed, it is advised to seek a legal opinion from an experienced Family Lawyers In Banglore.


Restitution of Conjugal Rights-

The relationship of marriage provides equal rights to both parties that cannot be severed so easily. In case one of the spouses parts away or denies the rights of the other party, including the sexual relationship without providing a reasonable justification, the other aggrieved party can seek a remedy through the court.


In the case of Shakila Banu v Gulam Mustafa, it was held by the court that the restitution of conjugal rights offers personal liberty and equal opportunity to both males and females, the person filing has the onus to prove such denial.

Conditions necessary for granting restitution of conjugal rights-

  1. Either of the spouses shall be away from the cohabitation, or shall not be taking part in the marital duties. It does not matter that they are staying at different places physically, but there shall be withdrawn from the marital relationship and duties.

  2. The court shall be satisfied by the fact that the complaint of the aggrieved is true and no reasonable justification has been provided for such withdrawal.

Procedure to file for the restitution of conjugal rights-

  • The aggrieved party can file a restitution suit application in the District Court. Before the filing of such an application, it is advised to seek legal assistance from an experienced Divorce Lawyers in Mumbai, so as to draft the application properly after discussing the various facts related to your case.

  • A petition of the application shall be sent to the aggrieved party, also informing him/her of the hearing date.

  • Both parties shall appear before the court on the mentioned date.

  • The parties then shall be sent to the counseling sessions by the court. The court, generally, recommends 3 sessions with an interval of 20 days, which may go for four months.

  • The judge will then pass the decree based on the statements provided by the parties as well as on the counseling so held.

Rejection of the Suit-

The suit for restitution can be rejected on the following grounds-

  • If there is any matrimonial problem related to such withdrawal from the relationship

  • If there was any misconduct on the part of the applicant.

  • If the spouse or the in-laws treated the respondent with cruelty

  • If either of the spouse has remarried

  • In case there was an unnecessary or improper delay while instituting the proceeding.

The provision for restitution of conjugal rights was basically introduced to help save the marital relationship of the couple, in case the situation has worsened to such a situation where it is impossible to save the relationship and the court has already denied the restitution suit, another party can also opt for judicial separation or file for divorce. It is advised to seek legal advice from experienced Family Lawyers In Hyderabad.


Lead India offers you a wide pool of experienced advocates, who have been successfully dealing with cases related to the restitution of conjugal rights, divorce cases, maintenance, judicial separation, etc. In case you seek legal guidance for the same, you may contact us.


Call Us: - +91-8800788535

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