Conjugal rights are rights created by marriage, i.e., right of the husband or the wife to the society of the other spouse. Section 9 of the Hindu Marriage Act recognizes one aspect of conjugal rights- the right to have matrimonial relations and obligations. If the decree of restitution of conjugal right is not honoured for a period of more than one year, subsequent to the date of decree, it becomes a ground for divorce. Restitution by a court decree is to preserve the marriage tie as far as possible, by enabling the court to intervene and enjoin upon the withdrawing party to join the other. Decree of restitution of conjugal rights could be passed in case of valid marriages only.
RESTITUTION OF CONJUGAL RIGHTS