If either the husband or the wife, without reasonable excuses, withdraws from the society of the other spouse, the aggrieved party may ask for help from the court for restitution of conjugal rights.
The aggrieved party may file for a petition in the family court where the couple resided after marriage. The judge after hearing both the sides and on being satisfied by the statements made in the petition decides and grants a decree of restitution of conjugal rights.
Basic elements to be fulfilled-
- Either the husband or the wife must have withdrawn from the society of another.
- The withdrawal should be without a reasonable excuse.
- The aggrieved party should file for the restitution.
The following steps need to be followed for Restitution of Conjugal Rights:
- The disturbed party should file the petition.
- Copy of the petition must be sent to the respondent with a hearing date from the court.
- Both the parties need to be present on the hearing date in the court.
- If both the parties are absent then another date is given.
- After this, the party has to attend counselling.
- The counselling is done mainly by family courts and generally has 3 to 4 sessions. This might take 3-4 months.
- Based on the counselling with the statements of the couple and keeping in view the conduct of the parties the judge finally grants the decree
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