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What is a Petition for Restitution of Conjugal Rights?
Format of Petition for Restitution of Conjugal Rights can be filed by the affected person who wants to restitute his marriage life. This Petition can be filed when one of the spouses desert the other and stay in another house willfully or due to coercion by another person.
Section 9 of the Hindu Marriage Act, 1955 (HMA) provides for the restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. Restitution means that something has broken is being restored to its original position; thereby, in the context of marriage, it implies that one of the spouses has withdrawn from the society of the other spouse, i.e. refused to cohabit with the other spouse, under this provision, the aggrieved spouse can file a Petition of RCR.
Need for Petition for Restitution of Conjugal Rights Draft Format
The Centre has defended the provisions, saying that the intention of restitution of conjugal rights is to preserve the institution of marriage. The provisions challenged include Section 9 of the Hindu Marriage Act, section 22 of the Special Marriage Act and Rules 32 and 33 of Order XXI of the Code of Civil Procedure.
FAQs for Petition for Restitution of Conjugal Rights
Q1. Who can file a suit for restitution of conjugal rights?
Ans – When either the husband or the wife has, without reasonable excuse withdrawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court Division, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements
Q2. What are the advantages of filing an RCR?
Ans – The advantage is that you may reach mutual consent divorce after some time and mediation. case of RCR under section 9 of the Hindu marriage act can be withdrawn by filing an application at any stage as dismissed as withdrawn. A fresh case of divorce can be filed on any grounds.
Q3. Can I withdraw RCR and file a divorce?
Ans – Yes, the case of RCR under section 9 of the Hindu marriage act can be withdrawn by filing an application at any stage as dismissed as withdrawn. A fresh case of divorce can be filed on grounds of cruelty and desertion
Q4. Is notice mandatory for restitution of conjugal rights?
Ans- If you don’t receive a reply to the legal notice regarding marriage problems under section 9, then the aggrieved party can approach the Court for restitution of conjugal rights. Yes it is mandatory to appear beofre the court for notice served under section 9 of the Hindu marriage act.
Petition for Restitution of Conjugal Rights Sample Format
In the Court of Ms…………………………….,Family Courts, District………………., New Delhi
Ms. ………………… Petitioner
versus
Mr. ………………… Respondent
Petition under Section 9 of the Hindu Marriage Act, 1955.
The Petitioner, named above, states:
1. That the petitioner was married to the respondent on _______ at _______ within the jurisdiction of this Court.
2. That the petitioner and his wife lived last together at _______
3. That on _______ last the respondent went to her father’s house at _______ . She gave word to return within 15 days, but she did not abide by her word and has not returned so far.
4. That the petitioner went to his father-in-law’s house at_______ to bring the respondent, a number of times, but on one pretext or the other, she declined to come along with the petitioner to his house.
5. That lastly the petitioner went to the house of the respondent’s father at _______ on _______ and asked the respondent to return with him, but she refused to come.
6. That the respondent deserted the petitioner or/and has withdrawn from his company without any reasonable or lawful excuse. Hence the necessity for the petition arose.
7. That the cause of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on _______ when the respondent left for her father’s house at _______ and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company.
That the petitioner claims and prays:
(a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner against the respondent.
(b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
Dated. _______ Petitioner.
VERIFICATION
I, the above named petitioner, do hereby verify that the contents of this petition in Paras ______________ are true to my personal knowledge and those in Paras Nos______________ are believed by me to be true.
Signed and verified this _______ day of _______ 20 _______ at _______ in Civil Court compound.
Petitioner.
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