CHAPTER V: RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

Section 22: Restitution Of Conjugal Rights | The Special Marriage Act, 1954

Bare Act

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

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