RESTITUTION OF CONJUGAL RIGHTS
Restitution of conjugal rights is a remedy available to spouses that can be ordered by the Courts wherein the spouses can seek orders and directions made by the court in situations where a spouse leaves the company of the other spouse. Thus, it is the order of the court to resume co-habitation. If the spouse filing the application is successful, the court will then direct the other spouse to rejoin the company of the former spouse. If a spouse is not willing for restitution, there must be very strong reasons for doing so. Restitution of conjugal rights is a method used in matrimonial law cases wherein one party that is aggrieved by the other party’s withdrawal of company, approaches the court for restitution.
A decree for restitution of conjugal rights, if left unhonoured for more than a year, becomes a valid ground for divorce.
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