Restitution of Conjugal Rights

  • Haribaskar B.
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  • Haribaskar B.

    Student at SASTRA Deemed University, India

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This article is about Restitution of Conjugal Rights to protect the institution of marriage. This legal remedy empowers a spouse to petition the court for the resumption of marital cohabitation when such cohabitation has been disrupted without legal justification. Rooted in historical perspectives on marital duties, this right has undergone evolution in tandem with shifting societal norms and legal outlooks. The legal landscape governing the restitution of conjugal rights exhibits considerable diversity across jurisdictions. Some nations have chosen to abolish this remedy, deeming it an encroachment on personal autonomy. Conversely, in regions where it endures, the legal process unfolds through a judicial decree urging the non-compliant spouse to return to cohabitation, underscoring the societal value placed on the preservation of the institution of marriage. The historical backdrop of the restitution of conjugal rights reveals its origins in traditional views of marital obligations, where spouses were duty-bound to cohabit. Over time, societal perceptions have shifted, leading to debates about the appropriateness and enforceability of such legal provisions. In jurisdictions where the restitution of conjugal rights persists, legal implications and societal expectations intertwine. The court's involvement in marital affairs raises questions about the extent to which the law should intervene in personal relationships. As some countries move away from such legal remedies, emphasizing individual freedom and personal choice, others grapple with the delicate task of preserving the institution of marriage while respecting the autonomy of individuals.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1398 - 1404


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