What to do if wife/husband denies Conjugal rights to their spouse?

Any relationship is based on the trust you two exhibit, the respect you give to each other & your companionship. If any relation lacks any of these, it will cease to last long. According to Merriam-Webster Dictionary, conjugal rights can be defined as “the sexual rights or privileges implied by, & involved in, the marriage relationship; the right of sexual intercourse between husband and wife.” This makes sure that you are giving each other the status of spouse in true sense.

When your spouse denies you of your conjugal rights, you can seek legal help by claiming the restitution of your conjugal rights. There are different personal laws which are vocal about the denial of conjugal rights. But in all the rights, there is a general wording that if a husband or a wife withdraws himself/herself from the society of his/her partner without any major reason & informing, the aggrieved person can appeal to the court for restitution of your conjugal rights.

If the court is satisfied that there is no legal ground to refuse the application and based on the veracity of the statements in the petition, may pass a decree for restitution of conjugal rights.

There are various personal laws providing different provisions for restitution of conjugal rights such as :

• Section 9 ; Hindu Marriage Act – 1955
• Section 22; Special Marriage Act – 1954
• Section 32; Indian Divorce Act-1869
• Section 36; The Parsi Marriage and Divorce Act -1936

What does withdrawal from society means?

Withdrawal from the society not always necessarily means complete desertion or living separately, it also means :

• Withdrawal from sexual intercourse.
• On- cooperation in the performance of marital obligations.
• Intention to abandon.
• Cessation of cohabitation by voluntary act of the respondent – wife.

Reasonable cause

 The burden of proof in this matter is two-folds. The spouse has to prove that the wife has been denying conjugal rights of husband, or husband denying conjugal rights of wife all the marital rights & has withdrawn from his society without any major reason. On the other hand, the wife has to show such proofs that shows the actual valid reason for the withdrawal such as any matrimonial misconduct/ wife denying conjugal rights of husband that made it impossible for her to continue to live with him, if the husband remarries etc. If she fails to do so, the court will pass a decree to restitute the conjugal rights of the husband. If the wife is able to prove any valid ground then the petition would be dismissed.

Procedure for the restitution of conjugal rights

• In this case, if you are the aggrieved party, the husband, files a petition in the district court. This can be transferred by application to the High Court or Supreme Court as well, according to the severity of the case or requirement.
• After the filing of the petition, a copy of the petition is sent to the respondent- wife along with the date of hearing from the district court. The date is generally after 3 months of filing the petition.
• Both parties have to be present at the date of hearing. If both parties are not present, the court gives another date.
• The next step is of counseling/mediation sent by the court. It is done by the family court, as provided in the Family Courts Act. This takes approximately 4 months. (Know the list of best family advocates in Delhi and other cities of India)

What happens in Counseling?

Once the parties are sent to counseling, they need to appear before a counselor. The counselor may be someone who has volunteered or has been appointed by the court, generally a female junior advocate. Counseling takes place on 2-3 dates with a gap of 2-3 weeks between two dates. Here, both the parties are given a chance to present their versions of the facts, and the counselor tries to come to an understanding. In the end, the counselor offers and advice. This may sort out the differences to go back to the husband, or to go for a divorce by mutual consent. If the parties agree, it will imply that the purpose of counseling/ mediation has succeeded, and the suit can be dropped. However, if the parties refuse to proceed according to the suggestions of the counselor, the counselor will forward the application back to court on grounds that mediation has failed. (Know the list of best divorce advocates in Delhi and other cities of India)

• Once the application is back in court, the suit will continue, and the respondent-wife is required to give her ‘counter’ to the husband’s application. Oral arguments will proceed to dispose of the interim petitions first and pass the interim order.
• Once this is done with, the proceedings for restitution of conjugal rights begin. The husband has to file a Chief Examination Affidavit for producing evidence that the wife has left him, which will result in cross-examination.
• Final arguments take place next, where both the parties represent their version of facts and ultimately pray for relief from the Judge.
• Based on the counseling, statements made and the conduct of the parties, the judge accordingly grants the decree.

This process might take a little time, therefore to make your case strong & valid you would need to hire a professional advocate who has in-depth knowledge about the laws, & related cases. We Lead India Law Associates, provide you with the top notch advocates with their expertise in matrimonial fields. You can also visit our website www.leadindia.law for further details or call on our helpline no. +91 8800788535 to consult with the advisers. Hence, at Lead India you can Talk to a Lawyer for Free Legal Advice or Ask a Legal Question.