Restitution of Conjugal Rights aimed at preserving marriage and not merely voluntary sexual inter…

Restitution of Conjugal Rights aimed at preserving marriage and not merely voluntary sexual intercourse: Central government to Supreme Court Restitution of Conjugal Rights aimed at preserving marriage and not merely voluntary sexual intercourse: Central government to Supreme Court In an affidavit filed before the Supreme Court of India, the government submitted that "Matrimony essentially entails a voluntary expression of spouses to cohabit and have a home and family together. Voluntary sexual intercourse in integral part of the marriage." Section 9 states: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.” A similar provision can be found in Section 22 of the Special Marriage Act.

The petitioners prayed that Section 9 of the Hindu Marriage Act and Section 22 of the Special Marriage Act be struck down. Additionally, the enforcement of restitution of conjugal rights as provided for under Order XXI Rule 32 and 33 of the Code of Civil Procedure was also sought to be struck down.