Restitution of Conjugal Rights as a Matrimonial Remedy under the Personal Laws of India: A Critical Study

Marriage imposes an obligation on the parties to cohabit with each other. The necessary implication of marriage is that the parties will live together. But suppose, one party refuses to live with the other, can the latter, by a legal process, compel the former to live together? The answer is “Yes” according to the various personal laws of India. The concept of restitution of conjugal rights owes its origin to the ancient days when the concept of marriage was based on proprietary rights of the husband. The wife was considered as a property of her husband and was, therefore, required to live at all times in the home provided by the husband and if she is refused to do so or ran away, she could be compelled to live with him. Originally, the decree of restitution could be enforced by the arrest of the respondent and delivery of her person to the husband. In the later law the remedy of restitution was made available to the wife also, but the execution of decree by arrest was done away with. In India, the remedy of restitution of conjugal rights is available to members of all communities, either under the personal law or under the general law. The remedy of restitution has been criticized widely as most inhuman and obnoxious. Hence, this article is critically analyzing the need for the remedy of restitution of conjugal rights in the present scenario.