• Restitution of conjugal rights

Let’s say my husband files a Restitution of conjugal rights against me. If after appealing to the Supreme Court and high court against the restitution of conjugal rights I lose then what happens? And filing a divorce doesn’t work too and I am denied the divorce. Do I have to live with my husband again since he filed the RCR?
Asked 9 months ago in Family Law
Religion: Hindu

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10 Answers

Even if your husband gets a decree of RCR you cannot be forced to stay with him 


2) your husband can file for divorce after period of one year  if you refuse to stay with him even after RCR decree 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 Consultations

5.0 on 5.0

Respected mam..

As your husband filed Restitution of conjugal rights of Hindu Marriage Act against you but no court in India can force you to live with your husband against your wishes it is all up to you whether you want to live with him or not they can nearly pass a degree but cannot force you as that will be the volation of Indian Constitution...

Thank you 

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

In India, a restitution of conjugal rights order does not legally compel either spouse to live together. While the court may issue such an order to encourage reconciliation between spouses, it doesn't enforce physical cohabitation. If the spouse against whom the order was passed doesn't comply, no legal penalties are imposed.

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

In execution of the RCR decree your husband  can file a execution application whereby the property of yours can be attached.

But under no conditions, the court can force the erring spouse to cohabit with the other spouse or forced to live against the willingness of the erring spouse. 

There is nothing to prevent you to file a contested divorce on the grounds of cruelty. 

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

Dear Client,


No, you do not have to live with your husband again if he files a restitution of conjugal rights (RCR) against you and you lose the case. The RCR is a legal remedy available to a spouse who has been deserted by their partner without any reasonable excuse. The court can order the spouse to return to the marital home and resume conjugal relations. However, the court cannot force you to stay in the marriage if you do not want to.

If you lose the RCR case and you also lose the divorce case, you will still be considered married to your husband. However, you will not be required to live with him. You can continue to live separately and you will not be required to have any contact with him.

You can also file a case of domestic violence against your husband if he is harassing or threatening you. Domestic violence is a serious crime and the court can order your husband to stay away from you and to pay you compensation.

Anik Miu
Advocate, Bangalore
9008 Answers
110 Consultations

4.7 on 5.0

even if you lose court can’t force you to stay with him as it’s not practical 

Prashant Nayak
Advocate, Mumbai
32067 Answers
183 Consultations

4.1 on 5.0

- As per law, Restitution of conjugal rights simply means that the court can order the parties to resume cohabitation and marital relations, but it cannot force them to live together against their will.

- Hence, even the court pass decree in his favour , then also you cannot be forced to live with him legally , and there is no provision in the law that punishes the wife due to passing decree against her in the RCR case. 

Mohammed Shahzad
Advocate, Delhi
13355 Answers
199 Consultations

5.0 on 5.0

Filingnof petition for restitution of conjugal rights is a wastage of time and money. No court or law can force you to live with husband against your wishes. File case for divorce. 

Siddharth Srivastava
Advocate, Delhi
1249 Answers

5.0 on 5.0

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. You can take a horse to the water, but you can't make him drink, is a very popular proverb and the provision for restitution of conjugal rights under the Indian personal laws seems to be akin. The court can pass a decree for restitution of conjugal rights and order the erring spouse to cohabit with the aggrieved spouse. Also under the Indian law a decree of restitution of conjugal rights can be executed by attachment of the respondent’s property. But it is to be noted that the court cannot compel the defaulting spouse to physically return to the comfort-consortium of the decree-holder spouse.

Constitutional validity of Section 9 of Hindu Marriage Act is also challenged before Hon'ble Supreme Court and the case is yet to be decided by the Constitution bench. 

As per Section 13 (1A) of Hindu Marriage Act please note that either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation in a proceeding
to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.


Therefore, if after passing of decree of RCR, you do not comply with direction, it becomes the ground for seeking divorce after one year of passing of decree for your husband. Detailed discussion is required in such cases with complete facts. 


You may contact my secretary to connect with me for clarification. 


Gopal Verma

Advocate on Record 

Supreme Court of India 



Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

Wife cannot be force to live with husband. Even if court passed the order, it will not enforce. 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

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