Restitution of Conjugal Rights in India: Section 9
Restitution of conjugal rights is a legal remedy where one spouse asks the court to order the other spouse to return to marital cohabitation when they have left without a valid reason. Courts treat it as a reconciliation-focused remedy.
A decree for restitution of conjugal rights does not allow forced intimacy. Courts do not use physical force to make spouses live together.
Legal basis and updated sections
| Law | Section | What it does |
| Hindu Marriage Act, 1955 | Section 9 | Petition for restitution of conjugal rights |
| Special Marriage Act, 1954 | Section 22 | Similar remedy for marriages under SMA |
| Code of Civil Procedure, 1908 | Order XXI Rule 32 & Rule 33 | Execution of the decree (mainly attachment of property) |
| Hindu Marriage Act, 1955 | Section 13(1A)(ii) | Divorce grounds if there is no restitution for one year after the decree |
Why this remedy exists
The aim of restitution of conjugal rights is to give the couple a structured chance to reconcile. Courts often use it to:
- restore cohabitation
- push the parties toward counselling or mediation
- avoid a breakup when reunion is still possible
Who can file a restitution of conjugal rights petition?
You can file a restitution of conjugal rights petition when:
- You have a valid marriage, and
- Your spouse has withdrawn from your society, and
- The withdrawal happened without a reasonable excuse, and
- You approach the court as the aggrieved spouse.
“Withdrawn from society” can include leaving the matrimonial home and refusing to return, refusing to cohabit despite requests, or cutting off shared life without justification.
If you are based in Bengaluru, you usually file an RCR petition before the Family Court that has jurisdiction over your marriage (based on where you last lived together or where your spouse currently lives).
Without reasonable excuse: the deciding factor
Most restitution of conjugal rights cases turn on this question: did the respondent have a reasonable excuse to live separately?
Common reasonable excuses include:
- cruelty, harassment, threats, or domestic violence
- Repeated neglect or humiliation
- adultery or serious matrimonial misconduct
- facts showing cohabitation will be unsafe, unfair, or impossible
Quick examples courts commonly consider
| Usually treated as stronger reasons | Often treated as weaker reasons (depends on facts) |
| domestic violence or serious cruelty | ordinary disagreements without proof |
| threats, stalking, or mental harassment | “my parents don’t like the marriage” |
| proven adultery or serious misconduct | temporary anger after one argument |
| genuine fear for safety | refusing to talk with no clear reason |
Every case depends on evidence, but the pattern is clear: restitution of conjugal rights is not meant to trap someone in an unsafe marriage.
Burden of proof: who must prove what?
Courts usually follow this sequence:
- The petitioner shows the respondent withdrew from their society
- The respondent shows a reasonable excuse for living separately
So both sides need facts, not just allegations.
What evidence helps in an RCR case?
Keep it simple. Courts value clear proof:
- marriage proof (certificate, invitations, photos)
- proof of separation (rent agreement, travel details, address records)
- proof of efforts to reunite (messages, emails, call logs, mediation attempts)
- proof of “reasonable excuse” (medical records, police complaint, witness statements)
If you plan to file a restitution of conjugal rights petition, build a clean timeline. If you plan to defend, document why you left and what made cohabitation unreasonable.
Procedure: How an RCR case typically moves
A restitution of conjugal rights case usually moves in four clear stages: filing, notice and reply, counselling or mediation, and then evidence with the final decision. Knowing this flow helps you prepare the right documents, set expectations, and avoid delays.
Step 1: File the petition
You file in the Family Court (or District Court, where Family Courts are not set up). Your petition usually covers:
when and where the marriage took place
When the separation started
How the spouse withdrew from society
Why the withdrawal has no reasonable excuse
What relief do you want from the court
Step 2: Notice and reply
The court issues notice. The respondent files a reply and raises the defence of reasonable excuse, if applicable.
The court issues notice. The respondent files a reply and raises the defence of reasonable excuse, if applicable.
In many matters, the respondent also files their own case (for example, judicial separation, divorce, or other matrimonial relief) depending on the facts.
Step 3: Counselling/mediation
Step 4: Evidence and final order
After evidence and a hearing, the court may grant the decree or dismiss the petition.
Enforcement: what happens after a decree?
A decree is not a “force order.” If the respondent wilfully disobeys it, the decree-holder can start execution.
Under Order XXI Rule 32 CPC, the court can enforce a restitution of conjugal rights decree mainly by attachment of property. Rule 33 adds discretion to the court in how it executes RCR decrees.
What the court does not do:
- It does not physically compel spouses to cohabit
- It does not treat the decree as a licence to demand intimacy
Non-compliance and divorce: the one-year rule
Under Section 13(1A)(ii) HMA, either spouse can seek divorce if there is no restitution of conjugal rights for one year or more after the decree.
So an RCR case can act as a last attempt at reunion, or a formal step before divorce if the marriage stays broken.
If you are thinking about the next step after an RCR decree, it helps to understand the divorce process in Bangalore and how a contested divorce in India typically plays out. It often becomes a turning point in strategy, especially when spouses have lived apart for long periods.
Constitutional debate: privacy and autonomy
RCR has faced criticism on constitutional grounds, mainly around:
- privacy, bodily autonomy, and dignity under Article 21
- equality concerns under Articles 14 and 15
- personal freedom concerns under Article 19
Key cases and current status
- T. Sareetha v. T. Venkata Subbaiah (1983): AP High Court struck down Section 9 HMA.
- Saroj Rani v. Sudarshan Kumar Chadha (1984): The Supreme Court upheld Section 9 HMA as a social remedy.
- K.S. Puttaswamy v. Union of India (2017): privacy became a fundamental right.
- A fresh challenge remains pending in the Supreme Court in Ojaswa Pathak v. Union of India.
Until the Supreme Court changes its position, restitution of conjugal rights remains part of Indian matrimonial law.
Marital rape context: consent still matters
A decree for restitution of conjugal rights does not create consent.
Under the Bharatiya Nyaya Sanhita, 2023 (BNS):
- Section 63 defines rape and retains an exception for sex by a man with his own wife (wife not under 18).
- Section 67 punishes sexual intercourse by a husband with his wife during separation without her consent.
So, restitution of conjugal rights deals with cohabitation. It does not legalise coercion, violence, or abuse.
When restitution of conjugal rights helps (and when it doesn’t)
Restitution of conjugal rights may help when the separation happened due to misunderstandings, outside pressure, or poor communication, and both sides are open to mediation.
RCR is usually a poor choice when there is domestic violence, cruelty, or credible fear, or when one spouse uses it as pressure. In those situations, other remedies may fit better, and safety must come first.
FAQs
What is the meaning of restitution of conjugal rights?
Restitution of conjugal rights means a court remedy where one spouse asks for an order directing the other spouse to resume cohabitation after leaving without a reasonable excuse.
What are the conjugal rights of a husband?
Conjugal rights refer to the mutual right of spouses to live together and share marital companionship. The same idea applies equally to wives.
What is Section 9 of the conjugal rights?
Section 9 of the Hindu Marriage Act, 1955, provides the remedy of restitution of conjugal rights when the other spouse withdraws without a reasonable excuse.
How to enforce restitution of conjugal rights?
A decree is enforced through execution proceedings. Courts may attach the respondent’s property under Order XXI Rule 32 CPC if the respondent wilfully disobeys the decree.
Get the right advice before you act
If your spouse left suddenly, blocked communication, or refused to return, you may feel helpless and pressured to act fast. If you are facing an RCR petition, you may feel trapped or scared about what it means for your safety and freedom. Prashastha Legal can help you build the right plan, whether you want a real reconciliation path or a safe, dignified way forward. Speak with our divorce lawyers in Bangalore for clear, practical guidance based on your facts. Book a confidential consultation and get clarity before the case controls your life
