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What If Husband Denying Wife Rights

  • Writer: lead India
    lead India
  • Apr 11, 2023
  • 3 min read

The benefits and privileges that a couple can use and enjoy after becoming married are known as conjugal rights. Conjugal rights cover the freedom to live together, engage in sexual activity, and have children. These laws only matter as a matter of law in two specific circumstances, despite the fact that they already exist as social norms and traditions. The restoration of marital rights is the first, and its rejection is the second. Despite their fundamental differences, the two usually operate in a cyclical dynamic where neither can survive without the other.


When one spouse refuses to grant the other their rights, this is known as denial of conjugal rights. Then, a court of law will look into the reasons why the aggrieved spouse is being denied conjugal rights. If the court finds that the reasons are sufficient, it may deny conjugal rights or, more appropriately, it may uphold the decision of the spouse who has denied conjugal rights to the aggrieved party who is seeking restoration.


Marriage-related rights are not specifically protected by any one statute. If one spouse contests possessing those rights or withdraws from society for no apparent reason, the other spouse may file a lawsuit for recovery of conjugal rights. Only the following pieces of personal law, i.e., Sections 9, 22, and 32 of the Hindu Marriage Act of 1955, Section 36 of the Parsi Marriage and Divorce Act of 1936, and Section 9 of the Indian Mutual Divorce Act, may be utilised to ask for the restoration of conjugal rights.


Procedure:

  • The harmed spouse files a petition for reparation in District Court. Eventually, the petitioner transferred the case application to HC.

  • A copy of the petition and the hearing date will be sent via email to the opposing party.Both parties must present in court on the designated dates.

  • The court will then mandate that both parties go to counselling. These courts frequently suggest scheduling three sessions, each 20 days apart, for a total of four months.

  • The judge's final decision will be based on the statements made by the parties and the results of the therapy sessions.

  • If the justifications for denying those rights are established, the restitution petition is rejected and the denial of conjugal rights is confirmed.

Legal precedents:

A marriage cannot be annulled or declared void. Hence, the court grants the injured party's request for a remedy if either spouse files for divorce. The compensation is founded on the notion of universal equality.

  • The court found that both men and women had the right to personal freedom and equal opportunity in the Shakila Banu v. Gulam Mustafa case. The party who brought the compensation case has the responsibility of proving their claim.

  • The court outlined the prerequisites for filing the case for the restoration of conjugal rights in Shanti Devi v. Balbir Singh. The court stated that it must be established whether one spouse has excluded themselves without a good reason from the other's social life. The facts of the petition must be acceptable to the court, which is the second requirement. Finally, the petition shall not be rejected for any justifiable reason.



The following requirements must be met in order for the court to order the responding party to move in with the petitioner:

  • The respondent withdrew from the petitioner's society;

  • The respondent's withdrawal has no justifiable justification;

  • The petition's claims that they are accurate have the court satisfied;

  • There is no legitimate justification for rejecting an application.

The court may dismiss the restitution petition for the grounds listed below:

1) If there is a marital difficulty, there is a cause for relief;

2) Marital adultery;

3) Cruelty by either partner or their in-laws;

4) Either partner remarries; and

5) Improper or needless delay in bringing the case.


The goal of restoring marriage is to strengthen the bond between the couple. If the court rejects the reparation litigation, the opposing party may pursue judicial separation or submit a divorce application.


Regarding family law, the situation is confusing in India. Western philosophy is largely responsible for the laws that we currently have in place. It can be challenging to deal with failed marriages and decide whether to grant or deny conjugal rights because of the striking contrast between our cultural traditions and western thought, particularly when it comes to marriage. A certified counsellor or family law expert should manage such matters, such as the legal proceedings in family law court.


Court marriage lawyer in Delhi can be consulted if the in case husband denies wife rights and the cause of action has occurred in Delhi. delhi lawyer can be appointed if the cause of action has occurred in Ghaziabad. lawyer in mumbai can be done.

You can also contact to Lead India. You can talk to a lawyer and ask a legal question if you are not sure about your rights as a wife. Try to seek free legal advice online for convenience.

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