Restitution of Conjugal Rights

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Restitution of Conjugal Rights

Restitution of Conjugal Rights (RCR) refers to a legal remedy available when one spouse withdraws from the company of the other without reasonable cause. The aggrieved spouse may approach the court seeking a decree directing the parties to resume cohabitation.

The purpose of this remedy is to restore marital companionship and consortium, rather than merely enforce marital obligations.

RCR is recognized under several matrimonial laws including:

  • Hindu Marriage Act, 1955
  • Special Marriage Act, 1954
  • Indian Divorce Act, 1869
  • Parsi Marriage and Divorce Act, 1936

If a decree for restitution is not complied with for one year, it may become a ground for divorce.

At AnaghaLegal, we encourage counselling and constructive dialogue to help couples attempt reconciliation wherever possible.

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