The leading case on this point is Munshee Buzloor Ruheen vs Shumsoonissa Begum. It was observed in this case that if either party to a marriage contract has withdrawn from the society of the other without any valid reason, or has neglected to perform the martial obligations, the aggrieved party may bring a suit in a civil court for the restitution of conjugal rights. Thus, where a wife refuses to live with her husband, the husband is entitled to sue for restitution of conjugal rights. This right, however, is not absolute. There are a number of valid defenses available to a wife in a suit for restitution of conjugal rights. She may prove that:
1. it is unsafe for her to live with her husband because of his cruelty; or
2. the husband grossly neglects the performance of the marital obligations; or
3. the marriage is irregular; or the husband has been made an outcaste by his community.
Hence it is difficult to prove.
1. it is unsafe for her to live with her husband because of his cruelty; or
2. the husband grossly neglects the performance of the marital obligations; or
3. the marriage is irregular; or the husband has been made an outcaste by his community.
Hence it is difficult to prove.
The law of restitution of conjugal rights is a window of protection for a woman who is left by her husband, who wants to force her to maintain contact with him
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