Hindu Law: Marital Rights and Duties of a Hindu Couple

A Hindu married couple is expected to live together and make every endeavor to live happily with each other during the course of the marriage. Fulfilling their conjugal rights is one of the pillars of marital harmony in Hindu law.

Hindu Law: Marital Rights and Duties in an Indian Marriage

There are some circumstances when a couple refuse each other the right to enforce their conjugal rights. At that juncture, the aggrieved spouse can approach the court.

The following are some of the marital rights and duties that are binding on a Hindu married couple.

• Conjugal Rights: The chief consequence of marriage is procreation and this requires the husband and wife to enforce their rights and fulfill their conjugal duties.
• Restitution of Conjugal Rights: When either the husband or the wife refuses or withdraws from performing conjugal duties from the other, the aggrieved spouse may approach the court and petition for restitution of conjugal rights. Typically, the courts make every endeavor to counsel and create reconciliation between the spouses so that they can live together in harmony as a couple.

Hindu Law: Restitution of Conjugal Rights

When filing for restitution of conjugal rights, the petitioner (the one who is approaching the court for a remedy) must prove bona fide desire to resume marital life and fulfill the rights and duties of matrimonial life.

The courts will examine whether the following aspects are proved beyond reasonable doubt:

• Whether the respondent has withdrawn from the petitioner without reasonable excuse.
• Whether there is no legal ground as to why the decree should not be passed.

Suppose a Hindu wife states that she refuses to restore conjugal rights because the husband is married to another woman and living with her. The court will review whether this amounts to a reasonable excuse and whether it does become a legal ground not to enforce the decree for restitution of conjugal rights.