Concept of restitution of conjugal rights owes its origin to the ancient times when the institution of marriage was based on proprietary rights of the husband. Living together is a requirement of marriage for both partners. The Indian judiciary has upheld an incredibly outdated and petty context, stating that a wife’s primary duty to her husband is to submit to his authority, live under his roof, and remain safe. Because she was regarded as her husband’s property, the wife was obligated to live in his company at all times. Even if the husband and wife decided to live apart, that arrangement was deemed null and void since it went against public policy.
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