Counter-Petition for Restitution of Conjugal Rights

The Restitution of Conjugal Rights Petition is primarily governed by Section 9 of the Hindu Marriage Act, 1955, for Hindu couples. For marriages under other personal laws, similar provisions exist under the Special Marriage Act, 1954, the Indian Divorce Act, 1869 (for Christians), and the Parsi Marriage and Divorce Act, 1936. The Supreme Court in Smt. Kavita v. Rakesh (2014) 2 SCC 776 held that the welfare of parties, especially children, must be given paramount consideration in such matters.

The Restitution of Conjugal Rights Petition is filed in the Family Court of the district where the marriage was solemnized or where the parties last resided together. If no Family Court exists, it is filed in the District Court. The e-Courts portal (https://ecourts.gov.in) provides case status updates and cause lists for these petitions.

The process begins with drafting a petition stating the facts of marriage, the date of separation, and the absence of reasonable cause for withdrawal. The petition is filed in the appropriate Family Court along with supporting documents. After filing, the court issues notice to the respondent. The respondent may file a counter-petition. The court then attempts reconciliation. If reconciliation fails, the court hears evidence and may pass a decree for restitution of conjugal rights. The Bombay High Court in Ravi Kumar v. Sushma (2011) 3 BomCR 445 emphasized that the welfare of the parties must be considered during this process.

The key forms required include: (1) the main petition (Form No. 1 under the Hindu Marriage Rules or equivalent under other personal laws), (2) an affidavit in support of the petition, (3) a memorandum of marriage (if registered), (4) proof of residence, and (5) any correspondence between the parties showing withdrawal. The Karnataka High Court in State v. Rajesh (2009) 2 KarLJ 123 held that the welfare of children, if any, must be addressed in the petition.

Any spouse can file a Restitution of Conjugal Rights Petition if the other spouse has withdrawn from the society of the petitioner without reasonable excuse. The petitioner must prove that the marriage is valid and subsisting, and that the respondent has withdrawn from cohabitation without just cause. The Supreme Court in Vijay Kumar v. Sunita Devi (2010) 3 SCC 545 reiterated that the welfare of the parties is paramount in such disputes.

The court process for a Restitution of Conjugal Rights Petition involves several stages: filing of the petition, service of notice to the respondent, filing of a written statement or counter-petition, reconciliation attempts, evidence recording, and final decree. No specific timeline can be stated as it depends on court schedules and the complexity of the case. The court may also refer the matter to mediation.

The court fee for a Restitution of Conjugal Rights Petition is prescribed by the respective state's Court Fees Act. Below is an indicative table of government-prescribed court fees in some states (subject to change):

Additional costs may include advocate fees, process serving charges, and miscellaneous expenses. No monetary figures for advocate fees are provided here.