Our expert restitution of conjugal rights lawyers in Mumbai, Thane and Panvel has in-depth knowledge and experience of handling RCR cases.
Our expert family court lawyers can safeguard your rights and level of interest for services like filing for RCR, filing for restitution of conjugal rights, filing for conjugal rights of husband, filing for conjugal rights of wife, filing application of restitution of conjugal rights, filing for divorce after restitution of conjugal rights, conversion of restitution of conjugal rights petition into divorce by mutual consent petition, etc.
For more information kindly on restitution of conjugal rights cases please call best Bandra family court lawyer in Mumbai at +91- 8291142435 or click here to contact us.
The correct legal terminology is Restitution of Conjugal Rights!
Many people end up calling restitution of conjugal rights as conjugal rights, conjugal family, conjugal fidelity, conjugal life, conjugal relations, conjugation, conjugal rights in marriage, conjugality, restitution of marriage, section 9 conjugal rights, restriction of conjugal rights, etc.
Restitution of Conjugal Rights meaning
Restitution of conjugal rights comprises of three words “Restitution”, “Conjugal” and “Rights”.
To understand meaning of restitution of conjugal rights we need to understand and define each word separately.
Let’s first define Restitution: It means restoration of something that has lost or stolen.
Second we define Conjugal: It means the relationship between legally married couple.
Third we define Rights: It means entitlement to do or have something legally.
Now we define Conjugal Rights: It is a moral or legal entitlement of one spouse to live with other legally marriage spouse in a social relationship called marriage.
Thus restitution of conjugal rights means restoration of lost marital relationship between legally wedded husband and wife.
If either of the legally wedded spouses withdraws from the society of the other spouse without reasonable cause, the aggrieved spouse has a legal right to file a petition for restitution of conjugal rights. This is a gender neutral and marriage saving provision provided by various Indian marriage laws. The Family Court on being satisfied may grant the decree of restitution of conjugal rights thereby directing defaulting spouse to resume the marital relationship. Constitutional validity of restitution of conjugal rights has already been determined by Hon'ble Supreme Court of India.
For more information kindly on filing petition for restitution of conjugal rights please call best divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.
What are essential conditions for filing petition for restitution of conjugal rights in India?
Aggrieved spouse can file petition for restitution of conjugal rights. Below mentioned are the prerequisites for filing a petition for restitution of conjugal rights:
1. The petitioner and respondent are legally married.
2. The respondent has withdrawn from the marital association of petitioner.
3. That the withdrawal is without reasonable excuse or cause.
4. Inspite various efforts made by petitioner, the respondent refuses to resume relationship.
For more information kindly on filing application for restitution of conjugal rights procedure please call RCR lawyer or divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.
Burden to prove statements in petition for Restitution of conjugal rights
The Petitioner has to prove that:
1. The petitioner and respondent are legally married.
2. The respondent has withdrawn from the marital association of petitioner.
3. Inspite various efforts made by petitioner, the respondent refuses to resume relationship.
The beauty of petition for restitution of conjugal rights is that the major burden to prove “reasonable excuse” lies on the Respondent. It is the Respondent who has to prove that she has withdrawn from the association of petitioner with reasonable excuse or cause.
Grounds for defence (“Reasonable Excuses”) of Respondent against petition for restitution of conjugal rights
1. Respondent and Petitioner are not legally married.
2. Petitioner has committed adultery.
3. Petitioner has treated the Respondent with cruelty.
4. Petitioner has converted to another religion.
5. Petitioner is force Respondent to convert to other religion
6. Petitioner has unsound mind.
7. Petitioner is suffering from venereal diseases / sexually transmitted diseases.
8. Petitioner is convicted of rape, sodomy, bestiality.
9. Petitioner is impotent not capable of consummating marriage or enjoy conjugal rights.
For more information kindly on filing application for restitution of conjugal rights procedure please call RCR lawyer or divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.
File for restitution of conjugal rights in Mumbai, Thane and Navi Mumbai jurisdiction
RCR lawyers or Divorce lawyers in Mumbai can help filing petition for restitution of conjugal rights at Mumbai, Thane, Navi Mumbai and Delhi. Mumbai, Thane and Navi Mumbai fall under territorial jurisdiction of Bandra family court, Thane family court and Panvel District Courts respectively. Application for restitution of conjugal rights can be filed in local limits of the Family Court or District Courts, where:
* The marriage was solemnized, or
* The respondent, at the time of the presentation of the petition for restitution of conjugal rights, resides, or
* Where wife resides, or
* Last place where both parties resided together.
* The petitioner is residing at the time of the presentation of the petition for restitution of conjugal rights, in a case where the respondent is, at that time, residing beyond the territories to which this Act extends.
On meeting either of the above mentioned conditions, divorce lawyer in Mumbai can help you in filing application for restitution of conjugal rights in the jurisdiction of Bandra Family Court or Thane family court or Panvel District Courts respectively.
Bandra family court address :
Family Court, Mumbai
New Administrative Bldg.,
"B" Wing, Bandra-Kurla Complex,
Bandra (East), Mumbai - 400 051
Telephone No. 022-26591270
Bandra family court case status by case number
Thane family court address
Thane family court case status by case number
Panvel family court address
To ascertain your jurisdiction for filing petition for restitution of conjugal rights kindly call divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.
What are the laws governing Restitution of Conjugal Rights procedure in Mumbai, Thane and Navi Mumbai?
Restitution of conjugal rights procedure is governed by customs and religion of spouses.
Restitution of conjugal rights under Hindu Law
Restitution of conjugal rights under Hindu Marriage Act, 1955 can be filed by Hindus, Sikhs, Jains and Buddhists after understanding the restitution of conjugal rights procedure in consultation with Divorce lawyer in Mumbai. The aggrieved spouse can hire Divorce Lawyer in Mumbai who can prepare restitution of conjugal rights papers under the provisions of Hindu Marriage Act 1955. The Hindu Marriage Act section 9 provides for the provisions for restitution of conjugal rights. On filing restitution of conjugal rights paperwork the respective Family Court can grant decree of restitution of conjugal rights.
Restitution of conjugal rights under Muslim law
In case of Muslims aggrieved spouse can file suit for restitution of conjugal rights (section 281 of Mulla’s Mohammedan law) before court of competent jurisdiction.
Restitution of conjugal rights under Christian law
Christian can seek filing of restitution of conjugal rights at Bandra Family Court, Thane Family Court or Panvel District Court under section 32 of Indian Divorce Act, 1869.
Restitution of conjugal rights under Parsi Laws
Parsi community can seek filing of petition for restitution of conjugal rights under section 36 Parsi Marriage Act, 1936. In Maharashtra suits for restitution of conjugal rights by Parsi can only be sought from the Bombay High Court.
Restitution of conjugal rights under Special Marriage Act, 1956
Spouses belonging to different religions and castes can seek filing of petition for restitution of conjugal rights under section 22 of the Special Marriage Act 1956.
Our team of divorce lawyers in Mumbai can help in filing petition for restitution of conjugal rights by preparing your restitution of conjugal rights paperwork. For more information on filing of restitution of conjugal rights petition kindly call Divorce Lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Restitution of conjugal rights proceedings at Bandra Family Court, Thane Family Court and Panvel District Court
The restitution of conjugal rights process at Bandra Family Court, Thane Family Court and Panvel District Courts is easy, however, it is advisable to consult and engage a Divorce lawyer in Mumbai for preparing draft petition for restitution of conjugal rights.
Steps for getting decree of Restitution of Conjugal Rights:
Step 1:
Biography: Once you have made-up your mind for filing of restitution of conjugal rights petition it is necessary that you write your biography starting from the day you met your partner narrating all the dates and incidents related to marriage which could be the ground for seeking restitution of conjugal rights.
Step 2:
Engage RCR Lawyer or Divorce Lawyer: It is advisable to consult divorce lawyer in Mumbai to know your legal rights related to alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint property, other civil or criminal cases, etc. during the restitution of conjugal rights process.
Step 3:
Draft the petition for restitution of conjugal rights: On your instructions Divorce Lawyer will draft your petition for restitution of conjugal rights on various legal grounds which will be filed before Bandra Family Court, Thane Family Court or Panvel District Court as per the jurisdiction.
Step 4:
Filing of petition for restitution of conjugal rights: On the date of filing of petition for restitution of conjugal rights case the petitioner must appear before the Family Court Registrar in-person or through video conferencing or through their Power of Attorney holder to affirm and verify the contents of restitution of conjugal rights petition.
Step 5:
Summoning of Respondent: After acceptance of restitution of conjugal rights petition by Family Court, respondent spouse is summoned by the Family Court on a given date.
Step 6:
Appearance of Respondent: Respondent will have to file written statement for restitution of conjugal rights within 30 days of receiving the summons. If respondent does not appear despite service, then Family Court may proceed with the matter in the absence of respondent which is called ex-parte proceeding in legal terms. From this step restitution of conjugal rights process hearing begins.
Step 7:
Mediation and Counselling: Both the parties are sent to marriage counselling and mediation to explore the possibilities for reconciliation or divorce by mutual consent. Another question arises at this point if mediation is successful can restitution of conjugal rights petition be converted to mutual consent divorce petition. Answer is yes; Restitution of conjugal rights proceedings can be changed to mutual consent divorce proceedings at any time before pronouncement of decree once key disputes between the couple are amicably settled.
Step 8:
Evidence of Petitioner: Spouse filing restitution of conjugal rights petition files the evidences before Family Court Judge in support of claim. The Petitioner also produces the witnesses to prove the incidents and documents in support of the claim. Cross examination of the Petitioner and his witness are cross-examined by lawyer of respondent.
Step 9:
Evidence of Respondent: Respondent opposing restitution of conjugal rights petition files the evidences before Family Court Judge against the claim of Petitioner and in support of his/her claim. The Respondent also produces the witnesses. Cross examination of the Respondent and his witness are cross-examined by lawyer of Petitioner.
Step 10:
Final Arguments: Both parties are given opportunity to present their final argument during restitution of conjugal rights process final hearing.
Step 11:
Judgement: After final arguments Family Court Judge pronounces the judgment and on successfully proving the restitution of conjugal rights case and the decree of restitution of conjugal rights is granted.
Step 12:
The parties to apply for certified copy of judgement and decree of restitution of conjugal rights.
Documents required for filing Restitution of Conjugal Rights
* Draft Petition for restitution of conjugal rights.
* Original Photo-id card (Aadhaar card, Passport, Voter id, etc).
* Address proof (Aadhaar card, Passport, voter-id, PAN card, electricity bill, Affidavit, property document – like Registered Leave and License Agreement or property ownership document).
* Original Marriage Registration certificate.
* Original / Certified Divorce decree of earlier marriage, if any.
* Original Marriage Invitation Card.
* Clear marriage picture.
* 4- 5 passport size picture.
For more information on filing restitution of conjugal rights petition kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
How much time restitution of conjugal rights trial takes in India?
Ex-parte restitution of conjugal rights process generally takes 6 -12 months. Fully contested restitution of conjugal rights takes around 4 - 5 years. The restitution of conjugal rights proceedings can be expedited by filing a Writ Petition before Bombay High Court or Supreme Court of India.
Restitution of conjugal rights without Divorce Lawyer
Yes you can file restitution of conjugal rights petition in-person; however, it is advisable to engage good Divorce Lawyer in Mumbai to represent you in Family Court. If you want to appear in-person, our team of best Divorce Lawyers in Mumbai can help you drafting and filing of petition of restitution of conjugal rights by preparing your restitution of conjugal rights papers.
For more information on filing restitution of conjugal rights petition kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Execution of decree of restitution of conjugal rights
If the Respondent does not resume conjugal rights with the Petitioner inspite of decree of restitution of conjugal rights, the Petitioner can enforce the decree of restitution of conjugal rights under the provisions of Order 21 Rule 32 CPC by attaching the movable or immovable property of the Respondent or by detention of Respondent in the civil prison.
Pros and cons of decree of restitution of conjugal rights
The advantages of decree of restitution of conjugal rights are:
1. It is marriage saving provision.
2. If there is no restitution of conjugal rights between parties to marriage for minimum period of one year from date of passing of decree of restitution of conjugal rights then this becomes a ground for seeking divorce.
3. Petitioner is not liable to maintain or pay maintenance to the Respondent.
4. It does not dissolve the marriage of the spouse and they cannot remarry.
The disadvantages of decree of restitution of conjugal rights are:
1. By filing restitution of conjugal rights petition, the Petitioner waves-off all the act of cruelty and wrong done by the Respondent.
2. Restitution of conjugal rights trail takes nearly same time as that of divorce proceedings.
3. Inspite of decree of restitution of conjugal rights neither the Petitioner nor the Family Court can force Respondent to resume cohabitation with Petitioner.
4. Alternate plea of divorce cannot be filed or petition for restitution of conjugal rights cannot be converted to contested divorce except on the grounds of desertion.
For more information on restitution of conjugal rights kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.