Restitution of conjugal rights under Foreign Marriage Act, 1969

As per section 18 (i) of the Foreign Marriage Act, 1969, the provisions of Chapter IV, V, VI and VII of the Special Marriage Act, 1954, are applicable to the foreign marriage solemnized under the Foreign Marriage Act, 1969.

Section 22 of the Chapter V of Special Marriage Act, 1954 deals about the restitution of conjugal rights

 

Thus when a party to foreign marriage (either the husband or the wife) has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights.

 

The court, on being satisfied of the truth and considering that that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

 

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excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society.

 

Where petition can be presented

 

As per section 18 of the Foreign Marriage Act, 1969, the petition shall be presented to the district court within the local limits of whose ordinary civil jurisdiction -

(a) the respondent is residing at the time of the presentation of the petition ; or

 (b) the husband and wife last resided together; or

(c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.

Meaning of District Court

The term “district court” has the same meaning as in the Special Marriage Act, 1954.

As per section 2(e) of Special Marriage Act, 1954 the "District Court" means:

(i) in any area for which there is a City Civil Court, and in any other area, the principal Civil Court of original jurisdiction is situated

(ii) It includes any other Civil Court, which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act:

Petitioner must be residing in India at the time of presenting petition

As per section 18 (3)(d) of the Foreign Marriage Act, 1969, nothing contained in this section shall authorise any court to grant any other relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 except where the petitioner residing in India at the time being of the presentation of the petition.

Thus the petitioner must be residing in India for presenting petition for restitution of conjugal rights.

Court cannot grant any relief, if in relation to any marriage of foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the Special Marriage Act,1954, (45 of 1954) or otherwise) is provided for under any other law for the time being in force.