The aim of the ppt is to understand what restitution of conjugal rights implies with respect to different Indian personal laws and to do a comparative study of the provisions for restitution of conjugal rights available under Hindu and Muslim Law. The report introduces the reader to the concept and origin of restitution of conjugal rights, different provisions available for restitution under Indian personal laws and what are the main constituents of the restitution of conjugal rights in the first chapter. Next, the constitutional validity of the relief for restitution of conjugal rights and the application of the restitution provision across various communities – Hindu, Muslim, Christian and Parsi. Finally in the last chapter, the comparison of the various provisions and applications of the restitution of conjugal rights under different Indian Personal Laws of Christian, Hindu and Muslim law is taken up.

1. RESTITUTION OF CONJUGAL RIGHTS: A COMPARATIVE STUDY AMONG INDIAN PERSONAL LAWS By Anuja Aiyappan anujaaiyappan@gmail.com

3. It came with the Raj

4. The concept of restitution of conjugal rights was introduced in India in the case of MoonsheeBuzloorRuheemv. Shumsoonissa Begum, (1867) 11 MIA 551, where such actions were regarded as considerations for specific performance. contd.

6. Muslims under general law,

7. Christians under Section 32 and 33 of the Indian Divorce Act, 1869,

8. Parsis under Section 36 of the Parsi Marriage and Divorce Act, 1936

9. Persons married according to the provisions of the Special Marriage Act, Section 22 of the Special Marriage Act, 1954.contd.

14. In 1983 before the AP HC in T.Sareetha v. T. Venkatasubbaiah AIR 1983 AP. 356 where the Court held that the impugned section was unconstitutional.

19. A Hindu and Christian can file a petition for RCR while under Muslim law a suit in a civil court has to be filed.

20. The concept of gender discrimination has not been incorporated in the Hindu and Christian Marriage but a Muslim husband can defeat wife’s petition for restitution at any time by pronouncing talaqon hercontd.

22. Under Hindu and Christian law polygamy not allowedwhile under Muslim law controlled polygamy is allowed

23. Hindu law as well as Christian law the courts have the wide power and discretion to decide what constitute cruelty. While in Muslim law, Section 2 (viii) of the Dissolution of Muslim Marriage Act, 1939, both physical cruelty as well as legal crueltytogether with all instances of cruelty is included under the definition of cruelty.contd.

26. Conclusion It is a remedy that is aimed at preserving the marriage and not at disrupting it as in the case of divorce or judicial separation The court cannot compel the defaulting spouse to physically return to the comfort-consortium of the decree-holder spouse “You can take a horse to the water, but you can't make him drink”