Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to marriage. In today’s blog post, we aim to shed light on the prevailing issues related to marriage, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.


Restitution of conjugal rights (RCR) refers to a legal document or argument presented in court seeking the restoration of marital cohabitation between estranged spouses. The concept of restitution of conjugal rights is based on the premise that married individuals have a legal obligation to live together and fulfil their marital duties.  The purpose behind it is to encourage reconciliation and preserve the sanctity of marriage. It refers to a legal action that allows one spouse to seek a court order to compel the other spouse to resume cohabitation and fulfil the obligations of marriage.


Restitution of conjugal rights typically includes the following elements:

  1. Introduction: The brief begins by identifying the parties involved, including the petitioner (the spouse seeking restitution) and the respondent (the spouse who has allegedly withdrawn from the marital home).
  2. Background: This section provides a summary of the marriage, including the date of marriage, the current living arrangements, and the issues that led to the separation.
  3. Legal Basis: The brief outlines the legal provisions and laws that support the concept of restitution of conjugal rights in the jurisdiction where the case is being filed.
  4. Statement of Facts: This section presents a detailed account of the events leading up to the separation, including any attempts at reconciliation or communication between the parties.
  5. Grounds for RCR: The petitioner must establish that there are no valid grounds for the respondent’s refusal to cohabit. Common reasons may include cruelty, adultery, or desertion by the petitioner. The brief should address each potential ground and argue that none of them is applicable or valid in the present case.
  6. Prayer for Relief: The brief concludes with a prayer for relief, which typically requests the court to issue an order for the restitution of conjugal rights, compelling the respondent to return to the marital home and fulfil the obligations of marriage.


It’s important to note that laws and procedures regarding the restitution of conjugal rights may vary across jurisdictions. It’s advisable to consult with a qualified family law attorney who can provide specific guidance based on the relevant laws in your jurisdiction. In some jurisdictions, if one spouse refuses to live with the other without any reasonable justification, the aggrieved spouse may file a petition for restitution of conjugal rights. The purpose of such a petition is to request the court to order the spouse who has left or refused to live together to return and resume marital cohabitation. The restitution of conjugal rights varies in different jurisdictions, and the availability and effectiveness of such remedies can vary as well. Consulting with a qualified family law attorney would be advisable for specific guidance on the restitution of conjugal rights in your jurisdiction.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Family Law. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..

Written by: Adv. Priyanka Goel (D/945/2020) .

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