Section 22 of SMA : Section 22: Restitution Of Conjugal Rights

Explanation using Example

Imagine a scenario where Priya and Raj are married under the Special Marriage Act. After a year, Raj starts spending more time at work and with his friends, often staying out late without informing Priya. Priya feels neglected and tries to discuss the issue, but Raj dismisses her concerns. Eventually, Raj stops coming home for days at a time, without any explanation. Feeling abandoned, Priya decides to seek legal help to restore her marital rights.

Priya files a petition in the district court for restitution of conjugal rights under Section 22 of the Special Marriage Act, 1954. In her petition, she states that Raj has, without any reasonable excuse, withdrawn from her society. The court listens to both sides and finds that Raj's behavior lacks a reasonable excuse. Since there's no legal reason to deny the application, the court orders restitution of conjugal rights, meaning Raj is legally obligated to return to the marital home and live with Priya.