Women rights

1. Restitution of conjugal rights
 Rig veda-o bride and bridegroom! You two stay
here. Never be disunited. Enjoy with the full
span of life. play with children. Be happy in your
home.
 Manu smirti-he only is a perfect man who
consists his wife, himself and offsprings.
 HL stress on the wife implicit obediance to her
husband.
 It is never imagined that wife would desert
husband and refrain from giving conjugal bliss to
husband.

2. Restitution of conjugal rights
 Ingrediants
 There should be valid marriage.-because
this right is inherently present in the
marriage.
 Opposite party may refuse that he/she is
married with other.
 One party says marriage was in violation
of sec 5(iii)-there is no ground to refuse
relief of RCR because marriage is valid.

3. Restitution of conjugal rights
 Withdrawn from the society of other
 It involves a mental process besides physical separation.
 The act of temporarily leaving the matrimonial home
would not amount to withdrawal as “animus decidendi”
i.e intention to withdraw permanently is missing.
 Where wife and husband live separetely and meet
occasionally due to exceptional circumstances [No
withdrawal]
 Tirath kaur v kripal singh AIR 1964 punj
 Swaraj Garg v.K.M.Garg AIR 1978 Del

4. Restitution of conjugal rights
 Object of RCR-to bring the spouses together to
enjoy a conjugal life.
 Withdrawal without reasonable excuse-
 Reasonable excuse is not defined in Act.
 Sec 125 cr.p.c uses ‘just ground’ for refusing to
live with the husband.
 Sec 18 of HAMA allows wife to live separetely
without forfeiting her right for maintenance.
 So interpretation will be on similar line.

5. Restitution of conjugal rights
 It will be duty of respondent to satisfy court
about this reasonable cause.
 Some examples
 Husband refused to have sex with wife.
 Husband was keeping a concubine in house.
 Wife being teetotaller and vegitarian was
compelled to take wine and non-veg.
 Wife working at different place[as she has no
animus dicerendi.[Garg case]

6. Restitution of conjugal rights
 One family members suffering from tuberculosis
, wife refuse to live there but ready to live in
another flat with husband.
 Cruelty [anti thesis to love and affection]–
physical or mental is sufficient ground to live
separetely
 False allegation as to character of other party.
 Habitual ill treatment of wife or husband
 Allegation of adultery which is found baseless.
 Illegal demand of dowry
 This list is illustrative not exhaustive.

7. Restitution of conjugal rights
 Cases where court awarded RCR
 Wife withdraws because husband is not earning.
 Husband unable to provide fine clothes to
wife.etc
 Here one party files case u/s 9 for RCR and
other files case u/s 13 for divorce on ground like
cruelty.
 Wife goes to parent ‘s home. Husband files a
case of divorce on ground of desertion. court
may ask to go for RCR.

8. Restitution of conjugal rights
 Sec 9 and impotency
 If Either of parties in healthy physical
condition refuses to have sexual
relationship, then other can say it as
reasonable ground. In such a case
marriage can be held voidble.

9. Restitution of conjugal rights
 Burden of proof
 Sec 101 Evidence Act –whoever desires
any court to give judgement in his /her
favour-must prove the existence of fact
upon which legal rights depend.

10. Restitution of conjugal rights
 Important Notes
 Reasonable excuse [less strict] should not
be confused with reasonable cause or
justification.
 Grievances of normal married life, minor
quarrels and ordinary wear and tear of
married life are not sufficient grounds .
 Principle of res judicata applies.

11. Restitution of conjugal rights
 Decree of RCR can not be executed by
compelling respondent to live and cohabit
with petitioner.
 Injunction –there is no such provision in
Act.

12. Constitutional validity of Restitution
of conjugal rights.
 T .sarita v. T. Venkata subhayya, AIR 1983
AP
 Held that sec 9 is violative of Art.14 and
Art.21
 Decree applying financial sanction was
used against disobeying party.
 Court said it is choice of wife to allow
body to be used or not. [violation of
privacy]

13. Constitutional validity of Restitution
of conjugal rights.
 Harvinder kaur v. Harmander singh, AIR
1984 Del
 Delhi held it is not violative of Art.14 and
21.
 Introduction of constitutional law in home
is most inappropriate and it is like
introducing a bull in china shop.
 In the privacy of home and married life
neither Art 14 or 21 have any role.

14. Constitutional validity of Restitution
of conjugal rights.
 Saroj Rani v. Sudarshan kumar chadha
AIR 1984 SC
 Court overruled the judgement of T.Sarita
case.
 Court said O 21.Rule 31 & 32
CPC[execution of decree and order]
provides only financial sanction to serve
social purpose to prevent break-up of
marriage.