restitution-of-conjugal-rightsof women.ppt

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Withdrawn from the society of other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.