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Conjugal rights are technically the rights to sexual relations between a husband and wife, recognised by law. Generally speaking, they are the right to cohabit with your spouse. When you get married, each person automatically gets the right to cohabit with their spouse, i.e. conjugal rights.
Section 9 of the Hindu Marriage Act, 1955
Restitution of conjugal rights means when the court passes an order that the husband and wife shall live together and resume their conjugal rights.
If the husband stops living with the wife, the wife can file for restitution of conjugal rights. Similarly, if the wife stops living with the husband, the husband can file for restitution of conjugal rights.
You can file for restitution of conjugal rights if your husband has deserted or abandoned you, or has stopped living with you without your consent.
If the court believes that there is no reason why the husband/wife has deserted his/her spouse, then the court will grant restitution of conjugal rights. However, if you have stopped cohabiting due to harassment or cruelty, the court will consider these factors and will not grant restitution.
Once the court grants a decree of restitution, both spouses will be required to live together. The court will order the abandoning spouse to go back to his/her spouse.
Please note: This information has been made available to you for your benefit on an ‘as is’ basis, and is only for your information. It does not constitute legal advice and cannot substitute professional legal advice. Our disclaimer policy can be viewed here ( disclaimer policy)