Restitution of conjugal rights basically comprises two major words, Restitution, and Conjugal Right. Restitution meaning The restoration of something lost and Conjugal Right meaning rights relating to marriage or the relationship between husband and wife. If either party of a marriage withdraws from the society of the other, without reasonable cause, the aggrieved party has a right to file a petition claiming relief for restitution of conjugal rights.

The court will grant the relief if there is no legal bar to such decree. The purpose behind it is to cohabitate the couple in the same household with love, care, and affection. The remedy of restitution aims at cohabitation and consortium and not merely at sexual intercourse. RCR is also available in other personal laws such as section 9 of the Hindu Marriage Act, 1955, Section 32 or 33 of the Indian Divorce Act 1869, Section 36 of the Parsi Marriage & Divorce Act 1969, Section 22 of the Special Marriage Act, 1954 in case of inter-caste marriage.

In the event the said RCR decree, if not complied with for a year then the party can file a Petition for Divorce as it will be considered as a good ground for divorce. In the case of restitution of conjugal rights, the onus generally lies with the spouse who has left the company of the other spouse in the marriage.

We at AnaghaLegal make an endeavour and encourage parties to undergo marriage counselling and work towards RCR in the true sense.