RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATIONCentral

Section 22 of The Special Marriage Act, 1954

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being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. 1[Explanation.-- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society.]

Summary

This section allows a husband or wife to file a court petition if their partner has walked away from their married life without a valid reason.
The court can order the partner who left to return and live together with the other, which is called a decree for restitution of conjugal rights.
It places the legal burden of proving a valid excuse for leaving on the partner who actually walked away from the relationship.
The court must be convinced that the claims in the petition are true and that there is no legal reason to deny the request before passing the order.

Practical examples

1Vikram leaves the family home in Mumbai and refuses to live with his wife, Kavita, because of a minor argument. Since Vikram has no valid excuse, Kavita files a petition under Section 22 in 2026, and the district court orders Vikram to return and resume their married life.

2Shalini moves out of her shared apartment and moves in with her sister. Her husband, Amit, asks the district court to intervene under Section 22, and because Shalini cannot show a reasonable excuse to the court, she must legally prove her reason or face an order to return.

FAQ

1. What can a person do under Section 22 of the Special Marriage Act, 1954, if their partner leaves them?

Under Section 22 of the Special Marriage Act, 1954, the abandoned partner can file a petition in the district court to get an order forcing their spouse to return and live together.

2. Who has to prove there was a good reason for leaving under Section 22 of the Special Marriage Act, 1954?

Under Section 22 of the Special Marriage Act, 1954, the person who walked away from the marriage has the burden of proving they had a reasonable excuse for doing so.

3. What court handles cases for the restitution of conjugal rights under Section 22 of the Special Marriage Act, 1954?

Under Section 22 of the Special Marriage Act, 1954, the petition must be presented to the district court.

Test yourself

Q1.Under Section 22 of the Special Marriage Act, 1954, what is the legal term for a court order directing a spouse to return and live with their partner?

Q2.Who bears the burden of proving a reasonable excuse for withdrawing from the marriage partner's society under Section 22 of the Special Marriage Act, 1954?

Q3.What must the district court be satisfied of before granting a decree under Section 22 of the Special Marriage Act, 1954?

Q4.What is the primary condition required to file a petition under Section 22 of the Special Marriage Act, 1954?

21APreviousSection 21A Special provision in certain cases.23NextSection 23 Judicial separation.

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