Extent And Significance of The Constitutional Validity Of Restitution Of Conjugal Rights In India

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Marriage is always careful to be a very pious and strong relationship that exists not only between two individuals but between two families. However, from time to time the marriage does not seem to be working and a circumstance might arise where a spouse might not feel happy living with the other spouse. However, the restitution of conjugal rights provides a right to the spouse to call the other spouse back to live with him/her again. The essence of marriage is a sharing of a common life, a sharing of all the happiness that life had to offer and all the misery that is faced in life, living together is a symbol of such sharing. Living apart is a symbol indicating the negation of such sharing. It is one of the remedies available to a spouse whose other half has withdrawn from his or her society and house without giving any proper reason or justification. With all the ambiguities that lie within the sections pertaining to restitution of conjugal rights, it has become extremely important for the Supreme Court to look into the matter and to ensure that this right which is considered as a remedy does not violate somebody’s fundamental rights and in case if it violates the fundamental rights, then the same must be held unconstitutional at the earliest. 


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