Conjugal rights mean the right to stay together.
Moreover, according to the Hindu Marriage Act, 1955 (Section 9) if either of the party (husband or wife), without a proper reason, withdraws from the society of the other, the aggrieved party can approach the Court and file for RCR.
But, keep in mind the decree of restitution of conjugal rights cannot forcefully make the party to live with the one who had filed for RCR.
Things You Need to Know Before Filing for RCR
The following three requisites need to be met for Section 9:
- Husband and wife must not be staying together.
- There should not be a reasonable ground for the withdrawal of a party from the other.
- The aggrieved party must apply for restitution of conjugal rights.