Restitution of Conjugal Rights:A Requirement of Positive Remedy

The Restitution of Conjugal Rights is not a new notion in matrimonial jurisprudence that finds its origin in the Jewish laws. The remedy was not known to Hindu till the British introduced it in the name of social reforms. This matrimonial remedy was made available under the British regime to all communities in India under the general law. The remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage to live together and fulfil their matrimonial obligation. This remedy has been misused, abused and exploited. Today it is nothing more than a springboard to other remedies. The non-compliance to the decree of restitution is more ruthless than the remedy itself. The remedy directly affects the right to life, right to privacy and the right to equality and hence unconstitutional. The purpose of this paper is to throw light on the inherent disparities under the Hindu law and the need to do away with this remedy.