What to Do If Your Spouse Denies You Conjugal Rights in India?

Marriage is not just a social contract but it is a legal relationship that has some rights and obligations for both spouses towards each other. One of them is the right to live together, share a home, establish a household, or be in a live-in relationship, known in law as conjugal rights. But what happens if your spouse suddenly refuses to live with you or withdraws from married life without any valid reason?

In India, the law provides a judicial relief, that is known as Restitution of Conjugal Rights. If your spouse is refusing the right to live together then you can approach the court to seek a legal order directing them to resume cohabitation.

This blog will explain what conjugal rights mean, which laws apply, the exact court process, and how you can protect your marital rights.

What Are Conjugal Rights in India?

Conjugal rights are a married person’s rights to be with, be with, and live with their spouse, including having intimacy with them.

Both husband and wife are legally entitled to expect each other to be a companion and to fulfill their marital duties under Indian matrimonial laws. The aggrieved party may file a lawsuit to recover Restitution of Conjugal Rights (RCR) if one spouse leaves the other’s society without a valid reason.

Legal Basis for Restitution of Conjugal Rights

Various personal laws in India provide for Restitution of Conjugal Rights:

• Section 9, Hindu Marriage Act, 1955 — for Hindus, Buddhists, Jains, Sikhs
• Section 22, Special Marriage Act, 1954 — for interfaith marriages or civil marriages
• Section 32, Indian Divorce Act, 1869 — for Christians
• Section 36, Parsi Marriage and Divorce Act, 1936 — for Parsis

Each of these laws allows a spouse to file an RCR petition if their partner withdraws from the marital relationship without reasonable justification.

What Does “Withdrawal from Society” Mean?

Withdrawal does not simply mean living in a different house or physical desertion. Indian courts have interpreted this phrase broadly to include:

• Refusal to engage in sexual relations without valid reason
• Persistent refusal to cohabit or share a household
• Intentional neglect of marital obligations
• Deliberate emotional or physical distancing
• Abandonment or cessation of cohabitation by voluntary act

Thus, even if the spouse is technically present under the same roof but refuses intimacy or marital companionship, it may amount to withdrawal.

When Can You File for Restitution of Conjugal Rights?

You can file for restitution if:

• Your spouse has withdrawn from the marital relationship without informing you or giving any valid reason
• There has been persistent refusal to cohabit
• Sexual intimacy is being unreasonably denied
• Your spouse has moved out and refuses to return

Who Bears the Burden of Proof?

The burden of proof in an RCR case works as follows:

Petitioner (the aggrieved spouse) must prove that:

• The marriage is valid under law
• The respondent spouse has withdrawn from cohabitation
• There is no reasonable or lawful excuse for such withdrawal

Respondent spouse can defend by proving:

• There was a valid reason for the withdrawal (such as cruelty, infidelity, mental harassment, or domestic violence)
• Continued cohabitation is unsafe or impossible
• Any other ground recognized under matrimonial law

If the respondent fails to establish a valid defense, the court may pass a decree of restitution.

Common Defenses Used in RCR Cases

Spouses who are defending an RCR petition may raise:

• Cruelty by petitioner (mental or physical)
• Adultery by petitioner
• Domestic violence or harassment
• Existence of a second marriage
• Irretrievable breakdown of the marriage
• Incompatibility and long separation

If the court is convinced of any of these defenses, the petition will be dismissed.

Step-by-Step Legal Process for Restitution of Conjugal Rights

Step 1: Filing the Petition

The aggrieved spouse files a petition for restitution of conjugal rights in the appropriate Family Court of the district where:

• The marriage was solemnized, or
• The couple last lived together, or
• The respondent currently resides

The petition must clearly state

• Marriage details
• Facts showing withdrawal of the spouse
• Request for restitution decree

Step 2: Service of Notice

The court will issue notice to the respondent spouse, asking them to appear and file a reply.

Step 3: Counseling / Mediation

Under the Family Courts Act, the court may first refer the matter to court-appointed counseling or mediation to explore the possibility of reconciliation.

Both parties are required to attend counseling sessions. If an amicable resolution is reached, the case may be withdrawn. If reconciliation fails, the matter proceeds to trial.

Step 4: Filing of Written Statement

The respondent spouse files a written statement in reply to the petition, either admitting or contesting the claims and raising any defenses.

Step 5: Evidence Stage

The petitioner spouse presents evidence to prove withdrawal and lack of valid reason. This may include:

• Affidavits
• Witness statements
• Messages, emails, or documents showing desertion
• Medical or psychological reports (if relevant)

Cross-examination of witnesses also takes place.

Similarly, the respondent presents their evidence and witnesses to support their defense.

Step 6: Final Arguments

Both parties’ advocates present final legal arguments before the judge.

Step 7: Judgment

Based on the evidence and conduct of both parties, the court will:

• Grant a Decree of Restitution of Conjugal Rights, directing the spouse to resume cohabitation, or
• Dismiss the petition if valid defenses are established.

How Long Does an RCR Case Take?

While timelines vary by court, a typical RCR case may take:

• 3–4 months for counseling and mediation
• 6–12 months for trial and final order

Complex cases with serious allegations (such as cruelty or domestic violence) may take longer.

What Happens After a Decree of Restitution?

If the court grants a decree of restitution, the spouse is legally directed to resume marital life. However:

• The decree cannot be enforced forcibly — no one can compel physical intimacy.
• If the spouse still fails to comply with the decree, it may form grounds for divorce after one year of non-compliance (under Section 13(1-A) of Hindu Marriage Act, for example).

Thus, an RCR decree is often a precursor to a divorce petition if the marriage is truly irretrievable.

Limitations of Restitution of Conjugal Rights

• The remedy is civil in nature — it cannot compel emotional or physical intimacy against will.
• It works more as a judicial pronouncement clarifying marital rights.
• In many cases, the decree is used strategically for financial settlements or divorce proceedings.

Latest Landmark Judgments

Saroj Rani v. Sudarshan Kumar Chadha (1984) — Supreme Court upheld constitutionality of Section 9 Hindu Marriage Act but emphasized that forced cohabitation is not permissible.

T. Sareetha v. T. Venkata Subbaiah (AP HC, 1983) — It struck down the section 9 as violating right to privacy and was later overruled by supreme court in Saroj Rani.

Ojaswa Pathak v. Krishna Pathak (2020, Bombay HC) — It reiterated that courts must consider grounds like cruelty carefully before granting decree.

Conclusion

The refusal of conjugal rights is a serious issue which affects the core of any marriage. If your spouse is denying to live or fulfill marital obligations then the  Indian law gives you the right to seek Restitution of Conjugal Rights through court of law.

However, this is a sensitive and complex matter so it is advised to consult an expert lawyer who will assist you with the best course of action.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What can I do if my spouse refuses to live with me?

If your spouse refuses to live with you then you can file a petition for restitution of conjugal rights under Indian matrimonial law.

2. How long does an RCR case take?

Typically 9–15 months, depending on complexity and court schedule.

3. Can the court force my spouse to have physical relations?

No. The court can direct resumption of cohabitation but cannot force sexual relations.

4. What happens if the spouse does not comply with the RCR decree?

Non-compliance after one year may become a ground for seeking divorce.

5. Is it mandatory to hire a lawyer for an RCR case?

Yes, an experienced family law lawyer will help you to draft a petition in a concise way and will present your case more effectively.