Code: Section 22 of The Special Marriage Act (SMA)
Section 22: Restitution of Conjugal Rights
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights. The court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Explanation: Where a question arises whether there has been reasonable excuse for withdrawal from society, the burden of proving a reasonable excuse shall be on the person who has withdrawn from the society.
Explanation of Section 22 of the Special Marriage Act (SMA)
Section 22 deals with the restitution of conjugal rights, which allows a spouse to petition the district court if their partner has withdrawn from their company without a reasonable excuse.
- Application for Restitution: If one spouse leaves the marital home or withdraws from the society of the other spouse without a valid reason, the aggrieved spouse can apply to the district court for the restoration of their marital rights.
- Court’s Role: The court will examine the facts presented in the petition. If it finds the petition’s statements true and there is no legal reason to deny the request, the court may order the restitution of conjugal rights.
- Burden of Proof: If there is any dispute about whether the withdrawal was justified, the burden of proving that the withdrawal was for a reasonable excuse lies on the person who left the marital society.
Illustration
Example 1: Husband Withdraws from the Marital Home
A husband leaves his wife without any valid reason. The wife, feeling aggrieved, files a petition to the district court for restitution of conjugal rights. The court will evaluate her petition and, if convinced, will order the husband to return and resume marital duties unless he can prove a reasonable excuse for his departure.
Example 2: Wife Refuses to Live with Her Husband
A wife decides to stop living with her husband, citing personal reasons, but does not provide what the court deems as a reasonable excuse. The husband files for restitution of conjugal rights. The burden of proof falls on the wife to demonstrate a valid reason for her withdrawal. If she fails, the court may rule in favor of the husband and restore their marital relationship.
Common Questions and Answers on Section 22
1. What is restitution of conjugal rights?
- Answer: Restitution of conjugal rights refers to the legal remedy where one spouse can request the court to compel the other spouse to resume cohabitation if they have left without a reasonable excuse.
2. What does the court consider before granting restitution?
- Answer: The court examines the truth of the statements made in the petition. It also checks whether the withdrawal from society was without a reasonable excuse. If no legal reason exists, the court may grant the restitution.
3. Who has the burden of proof in cases of withdrawal?
- Answer: The person who has withdrawn from the society of the other spouse has the burden of proving that their withdrawal was for a reasonable excuse.
4. Can restitution of conjugal rights be denied?
- Answer: Yes, if the court finds that there is a legal ground for the spouse’s withdrawal or if there is a reasonable excuse for not resuming cohabitation, it can deny the petition for restitution.
Conclusion
Section 22 of the Special Marriage Act (SMA) provides a legal pathway for spouses who have been abandoned or separated without cause to seek the restoration of their marital rights. The aggrieved spouse can file a petition to the district court, which will evaluate the situation and decide whether to grant restitution based on the evidence provided. The section emphasizes the importance of justifiable reasons for withdrawal, placing the burden of proof on the withdrawing spouse.
