Restitution of Conjugal Rights
Restitution of Conjugal Rights
Conjugal rights are the privilege enjoyed by the husband and the wife including cohabitation, love and comfort, Sexual inter-course, Procreation of children and taking care of each other in a matrimonial tie-up. In India if a conjugal right is violated the other spouse can approach the court for the restitution of the conjugal rights.
When a RCR can be filed
Depriving Cohabitation: When one of the Spouse refuses to live under one roof for cohabitation.
Refusing Sexual Inter-course: When the spouse denies sexual Inter-course with the other spouse without any valid reason for a long time.
Non-Co-operation in Procuring child: When a husband or wife denies to procure a child, it is the violation of the conjugal rights. The parties to the marriage have every right for getting a child through marriage. The contraceptive method and medication to stop the child birth are the denial of conjugal rights.
Refusing to take care: If a spouse refuses to take a due care of the other spouse which a manner known to the Indian society in normal and difficult times amount to refusal of conjugal rights.