Marriage is more than a certificate; it is the right to cohabit. However, when a partner withdraws from the society of the other without a valid reason, the abandoned spouse isn’t helpless. Under Indian personal laws (like Section 9 of the HMA), you can file for the restitution of conjugal rights. This provision effectively asks the court to step in and compel the withdrawn spouse to return, provided there is no legal ground for their departure
What Are Conjugal Rights?
Conjugal rights mean the right to live together as husband and wife. When two people get married, they’re supposed to live together. Support each other. Be companions. That’s the whole point of marriage.
But what if one person just leaves without a divorce or separation agreement. They just walk out and refuse to come back. That’s when you can use restitution of conjugal rights under Indian law. It’s found in Section 9 of the Hindu Marriage Act. Similar laws exist for Muslims, Christians, and Parsis too.
This law lets you go to court and say: “My spouse left me for no good reason. Please tell them to come back.
How Does This Court Case Work?
Here’s the process of Conjugal Rights working in India:
Step 1: You Go to Court
You file a case in family court. You tell the judge your spouse left without any valid reason.
Step 2: Court Sends a Notice
The court sends your spouse a notice. It’s like a letter saying, “Hey, someone filed a case against you. Come explain yourself.
Step 3: Both Sides Tell Their Story
You both go to court. You say why you want them back. They say why they left or why they won’t return. The judge listens to both sides.
Step 4: Judge Makes a Decision
If the judge believes you, they pass an order. This order tells your spouse to come back home within one year.
Step 5: What If They Still Say No?
Here’s the catch. The court can’t drag your spouse back home by force. They can’t send the police to bring them back.
But if your spouse ignores the court order for one whole year, you get something valuable: automatic grounds for divorce. So it’s like a backup plan.
Why Do People File This Case?
There are different reasons why people file this case:
Reason 1: They Hope It’ll Work
Some clients genuinely believe their spouse will see the court notice and realize they’re serious. Sometimes it works. The spouse comes back, and they try to fix things together.
Reason 2: To Prove They Tried
Later, if you file for divorce, you can show you tried everything to save the marriage. Judges appreciate this. It helps your case look stronger.
Reason 3: To Get a Divorce Easily
If your spouse ignores the court order for one year, boom, you’ve got solid proof for divorce. You don’t need to prove cruelty or adultery or anything else.
Reason 4: Money Matters
Some people file this to improve their position when discussing alimony or property division later. Not everyone has pure intentions. That’s just reality.
The Big Problems with This Law
Be honest with you, this law has a few issues.
Problem 1: Courts Can’t Fix Broken Hearts
Can a judge’s order make someone love you again? If your spouse doesn’t want to be with you, a piece of paper won’t change that. We have seen clients win the case and still end up divorced a year later.
Problem 2: It Can Hurt Women
A woman leaves her abusive husband. He files for restitution. Now she has to go to court and defend herself or risk looking bad.
As a divorce lawyer in Mumbai, we fought against such cases where women were being pressured to return to dangerous situations.
Problem 3: Cases Take Forever
Indian courts are super slow. Your case might take years. By then, whatever was left of your marriage is completely dead.
Problem 4: Everyone Knows Your Business
In court, you have to share private details about your marriage. In front of strangers. It’s embarrassing and painful. Many of my clients find this part the hardest.
Our Honest Advice: Should You File This Case?
Here’s what we tell every client who asks us about restitution. Don’t rush into court. First, try talking. Try counseling. We often recommend that couples try mediation before litigation. The court should be your absolute last choice.
But if your spouse abandoned you for no reason, and talking doesn’t work, then this case might make sense. Especially if you’re thinking about divorce later anyway. Just remember: winning in court doesn’t mean winning your marriage back.
Final Thoughts
Marriage problems hurt a lot. And when your spouse leaves, you feel helpless. Maybe even desperate. The law gives you the option of restitution of conjugal rights. It’s there if you need it. But it’s not magic. It won’t automatically fix everything.
Advocate Pooja guided many clients through this process here in Navi Mumbai. Some marriages survived. But every client got clarity about their situation and their legal options. Think carefully about what you really want. Not what your family wants. Not what society expects. What do you want for your life.
