About Conjugal Rights
Conjugal rights are the rights to stay together. According to the Hindu Marriage Act, 1955, if either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
A petition for the restitution of conjugal rights is generally entertained on the basis of the following grounds:
a)The marriage was valid.
b)The spouses are not staying with each other.
c)The withdrawal of the party from the other is not backed by a sufficient cause.
d)The petitioner has a bona fide desire to live with the spouse.
A judicial separation is a legal way to stay separate from the spouse, without obtaining a decree of divorce.
Either party to the marriage may present a petition on any of the grounds stated in the provisions for divorce, praying for a decree of judicial separation. It also helps in cases to defend a petition for restitution of conjugal rights. A judicially separated spouse cannot be given a meaning to include a spouse merely living separately, and who has not obtained a decree for judicial separation.
In case there has been no resumption of cohabitation between the parties to the marriage for a period of one year or upwards, after the passing of the decree for judicial separation, it shall be a ground for a divorce