Restitution of Conjugal Rights (RCR) is a legal remedy available to a spouse whose partner has withdrawn from the marriage without a valid reason. Through this, the aggrieved spouse can ask the court to direct the other to resume cohabitation and marital duties.
Legal Definition
Under Section 9 of the Hindu Marriage Act, 1955:
“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.”
If the court is satisfied that:
- The withdrawal was without reasonable cause, and
- There is no legal ground to deny relief,
then the court may pass a decree of restitution.
Purpose of RCR
- To preserve the marriage and encourage reconciliation
- To ensure companionship, intimacy, and cohabitation
- To avoid the breakdown of marital relationship
Who Can File?
Either husband or wife can file for restitution of conjugal rights if:
- The spouse has deserted them without justification
- They want the partner to return and resume marital life
How to File for Restitution of Conjugal Rights
✅ Steps:
- File a petition under Section 9 of the Hindu Marriage Act in the family court.
- Mention facts showing wrongful withdrawal by the spouse.
- Court issues a notice to the other spouse.
- The respondent has a chance to justify their withdrawal.
- If no valid reason is proven, the court may pass a decree for restitution.
Defenses Available Against RCR
The respondent (the withdrawing spouse) can oppose the petition by proving:
- Cruelty or abuse
- Adultery
- Forced marriage
- Mental or physical harm
- Denial of dignity or privacy
- Any other valid reason to live separately
Criticism of RCR
- Considered archaic and outdated in modern times.
- Violates individual freedom and bodily autonomy.
- Courts cannot force emotional or sexual intimacy.
- Used at times to harass spouses, especially women.
- Critics argue it may amount to legal coercion.
