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Under the Matrimonial Causes Act 1884, failure to comply with an order of restitution of conjugal rights was no longer punishable by imprisonment, and only served to establish desertion ("statutory desertion") which gave the other spouse the right to an immediate decree of judicial separation, and, if coupled with the husband's adultery, allowed the wife to obtain an immediate divorce.
In 1885, the case of Bhikaji seeking "restitution of conjugal rights" titled "Bhikaji vs. Rukhmabai, 1885" came up for hearing and the judgement was passed by Justice Robert Hill Pinhey. Pinhey stated that English precedents on restitution did not apply to the case as the English law applied to consenting adults.
H.W. brought the case to the European Court of Human Rights (ECtHR) in 2021. [3] On 23 January 2025, the ECtHR unanimously ruled that France violated H.W.'s right to respect for private and family life under Article 8 of the European Convention on Human Rights . [ 5 ]
Family Courts have jurisdiction over various matters, including divorce, restitution of conjugal rights, guardianship, maintenance, and disputes related to property and matrimonial status. The Act emphasizes the importance of settlement and reconciliation, and Family Courts are encouraged to make efforts to assist parties in arriving at a ...
The Divorce and Matrimonial Causes Amendment Act 1907 [7] was passed. It removed the grounds for divorce based on non-compliance with an order requiring the restitution of conjugal rights (ORCR) and added further grounds for divorce.
The decision had a significant influence on Indian constitutional law and has been described as the moment when the Supreme Court of India rejected "three decades of formalist interpretation, and inaugurated a new path where Courts would expand the rights of individuals against the State, instead of limiting or contracting them."
The Women's Emancipation Union was founded by Elizabeth Clarke Wolstenholme Elmy in September 1891, following an infamous court case. Regina v Jackson, known colloquially as the Clitheroe Judgement, occurred when Edmund Jackson abducted his wife in a bid to enforce his conjugal rights, long before the concept of marital rape existed.
Case history; Prior: Bearden v. State, 161 Ga. App. 640, 288 S.E.2d 662 (Ct. App. 1982); cert. granted, 458 U.S. 1105 (1982).: Holding; A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the ...