CONSTITUTIONAL VALIDITY OF RESTITUTION OF CONJUGAL RIGHTS

This study analyses the constitutional legitimacy of a statutory provision in the Hindu Marriage Act, 1955, that enables one spouse to sue for the restitution of the other to the matrimonial home by way of a court decree. While aimed at upholding the institution of marriage and facilitating conciliation, this remedy has faced notable legal and social critique. The main issue is whether coercing a person to restart cohabiting would undermine basic rights enshrined in the Indian Constitution, including those of privacy, equality, and personal liberty. The research delves into the historical development of this remedy, tracing its origins back to colonial legislation and examining its incorporation in Indian matrimonial law. Despite the professed objective of enhancing harmony and averting marital collapse, the operational ramifications tend to be coercion and domination. This encompasses its possible abuse in stalling divorce proceedings, harassment of the withdrawing spouse, and its adverse impact on women, particularly where abuse or lack of autonomy is involved. The paper points to the way that this remedy intersects with and potentially undermines larger social concerns like bodily integrity, consent, and gender equality. It also deplores the ongoing application of a colonial-era notion abolished elsewhere. By examining how the provision slots into the model of a rights-based democratic society, this paper emphasizes the tension between maintaining marriage and maintaining individual dignity.