Family Law Videos - Restitution of conjugal rights

Section 9 of the Hindu Marriage Act deals with the restitution of the conjugal right. Conjugal right means a right which devolve with the marriage upon both the husband and wife. A married woman cannot refuse for consummation to her husband and in the same way a husband can not refuse his wife for consummation except in some certain conditions. That is also for a limited period. If either husband or wife is living separately from his/her spouse then the opposite party invoke his/her right of restitution of conjugal right. If a court pass a decree of restitution of conjugal rights under section 9 against the husband or wife and even after that husband or wife refuse to resume her marital obligation then it will be treated as judicial separation and the affecting party may apply for divorce on this ground alone and decree for divorce may be granted in favor of affecting party. In that event if decree is passed against the wife, she can not claim the maintenance from her husband.

Advocate Anand Verdhan Maitreya can be consulted for further information at http://lawrato.com/advocate-anand-ver... or by calling 09599-000-555.