Restitution of Conjugal Rights (RCR) and Judicial Separation are intermediate matrimonial remedies that address spousal desertion and conflict without dissolving the marriage bond.
1. Restitution of Conjugal Rights: Section 9 HMA
Under Section 9 of the Hindu Marriage Act, 1955, if either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved spouse can file a petition for the Restitution of Conjugal Rights.
The primary goal is to coerce the deserting spouse to return and cohabit with the petitioner.
* T. Sareetha v. T. Venkatasubbaiah (1983 - AP HC): The Andhra Pradesh High Court declared Section 9 unconstitutional, ruling that forced cohabitation violates a woman's right to privacy and bodily integrity under Article 21.
* Saroj Rani v. Sudarshan Kumar (1984 - SC): The Supreme Court reversed the AP High Court's ruling and upheld Section 9, declaring that RCR serves the social purpose of preventing breakdown of marriage and does not force sexual intercourse; it merely directs spousal cohabitation.
2. Judicial Separation: Section 10 HMA
Under Section 10, either party can file a petition for Judicial Separation on any of the fault grounds of divorce (such as cruelty, adultery, or desertion).
Legal Effect: Once the decree is passed, the petitioner is no longer obligated to cohabit with the respondent. The marriage is not dissolved, but marital obligations are suspended. If the parties do not resume cohabitation for 1 year or more, either party can file for a divorce under Section 13(1A)(i).