Chapter V§22–23
Restitution of Conjugal Rights and Judicial Separation
Two pre-divorce reliefs. §22 lets the aggrieved spouse sue for restitution where the other has withdrawn from society without reasonable excuse — the burden of reasonable excuse is on the withdrawing party. §23 lets either spouse seek judicial separation on any §27(1) or §27(1A) divorce ground or on non-compliance with a §22 decree; the duty to cohabit is suspended and the court may rescind the decree on later application if just.
2 sections · MVP coverage
Restitution of conjugal rights
Where one spouse has withdrawn from the society of the other without reasonable excuse, the aggrieved spouse may petition the district court for restitution; the burden of reasonable excuse rests on the withdrawing spouse.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being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.
Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Judicial separation
Either spouse may petition for judicial separation on any §27(1) or §27(1A) divorce ground, or on the ground of failure to comply with a §22 restitution decree; cohabitation ceases to be obligatory and the decree may be rescinded later if just.
(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,— (a) on any of the grounds specified in sub-section (1) and sub-section (1A) of section 27 on which a petition for divorce might have been presented; or (b) on the ground of failure to comply with a decree 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 judicial separation accordingly.
(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.