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Author	Ms Mitu Biswas
Organisation/Institution	Rajiv Gandhi School of Intellectual Law, Indian Institute of Technology
Country	INDIA
Panel	Family Law
Title	Deconstructing the Restitution of Conjugal Rights: A Comparative Study of Judicial Attitude in South Asian Countries
Abstract	The institution of marriage, traditionally perceived as a sacramental union grounded in social order and moral obligation. It has long operated within a framework that subordinates individual will to collective expectations. Indeed, the primary purpose of Restitution of Conjugal Rights (RCR) is to prevent the unnecessary dissolution of a marriage. However, according to customary practice, the bride is expected to reside with the bridegroom after marriage. Women are thus primarily expected to enter into conjugal companionship with their husbands, even in the face of conflict. Thus, the remedy gradually shifted in judicial mandate to allow for resumption of cohabitation. The study interrogates the legal doctrine RCR as a mechanism through which the state intrudes into the intimate sphere of marriage, compelling cohabitation and thereby undermining personal autonomy. By adopting a case study approach, the research examines cases decided by the Indian Judiciary over the past decade to investigate how courts in India have addressed the tension between marital duties and individual autonomy in RCR cases. Drawing on a comparative legal approach to South Asian countries, the study reveals that while some jurisdictions have evolved toward recognising autonomy as a cornerstone of gender quality, others continue to preserve coercive remnants of colonial matrimonial law. The paper argues that the legitimacy of marriage in a modern democratic society should rest not on state enforcement of conjugal obligations, rather on voluntary partnership grounded in mutual respect and freedom of choice. Ultimately, it proposes a reconceptualize of RCR while affirming the rights to live and to live apart as essential aspects of an individual's life.
Biography	MITU BISWAS (BA LL.B., LLM.), a Senior Research Fellow pursuing her PhD from the Rajiv Gandhi School of Intellectual Property Law at the Indian Institute of Technology, Kharagpur, India. Her research study focuses on examining discriminatory remedies, such as the restitution of conjugal rights under various personal laws, and advocating for the recognition of women’s autonomy from the perspective of the Indian Constitution. A dedicated academic, she earned her BA LL. B from the University of Kalyani (2017) and LL.M from the University of Gour Banga (2019), and in 2021, qualified UGC‑NET and WB‑SET. Besides her academic career, she has two years of experience in practice in a District Court and a Subdivisional Court of Bongaon.