What are Conjugal Rights for Divorce?
Denial of application for restitution conjugal rights: While there are some cases in which the court might deny an application, there must be a valid reason.
The application could be denied if the spouse or defendant is absent or separated because of any matrimonial problems or issues.
The petitioner or spouse may be refused restitution of conjugal rights if they have committed misconduct, bad conduct or suffered abuse.
Any cruelty by any party or the in laws would result in rejection of the application.
The application could be rejected if the parties cause or are willing to drag the case for no reason.
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What happens if the application is denied or the proceeding is taking too long? The legal proceeding can take time. It also depends on the statements and evidence. If the court is satisfied that there is a legitimate reason to stay apart or that the spouse has a valid reason to withdraw from the society, the court may award the degree in favor the defendant.
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If the petitioner is rejected or loses the case, the petitioner can file a case to judicially separate or divorce.
If the case takes longer than the petitioner and court anticipated, the application could be rejected. The petitioner can then file for judicial separation or divorce.
If the decree is in favor of the petitioner, but the defendants refuse to comply or fail to perform within one year, then the petitioner may file for judicial separation/divorce.
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Judiciary Separation: Sometimes, a couple doesn’t want to end their marriage but wants to take some time to work things out. The couple is forced to suspend their marriage for a time, which helps them realize how important their relationship is. It also allows them to work through the problems they are facing.
Grounds of judicial separation:
Adultery: This is the most serious reason for judicial action. It occurs when one spouse is sexually involved in a relationship with another spouse or someone else.
Cruelty: Any type of cruelty committed by one spouse towards the other. Any type of abuse will be grounds for judicial separation.
Desertion: If one spouse or party abandons the other spouse without consent or reason for more than two consecutive years, the spouse who deserts can file for judicial separation.
Unsound Mind: A spouse who is not in their senses or has an unsound mind can file for judicial divorce.
Conversion: If one spouse chooses to convert or adopt another religion, the other spouse may file for judicial separation.
Leprosy: A spouse who is suffering from a chronic or long-term illness such as leprosy can apply for judicial separation.
Missing spouse for seven years: If the spouse has not been found or hasn’t seen the other spouse for seven years, the other spouse may file for judicial divorce.
Divorce: A couple who is unable or unwilling to end their marriage may seek the assistance of a court to dissolve their marriage.
Conclusion: It is clear that conjugal right covers all marital rights, not just sexual intercourse. Conjugal rights refer to the rights of spouses for living together, sharing household chores, and fulfilling their responsibilities towards one another. Just because they don’t live in the same home does not mean that they aren’t cohabiting. If they have a conversation or communicate, they will need to request restitution of conjugal Rights. It is also not illegal or in violation of the fundamental rights for the spouses.
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