When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district Court for restitution of conjugal rights, and the Court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Legal Commentary & Landmark Judgments: Section 22
Section 22 of the Special Marriage Act, 1954 provides the remedy of restitution of conjugal rights for civil marriages.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 22 functions identically to Section 9 of the Hindu Marriage Act. In contested matrimonial litigation under the SMA, it is frequently utilized by abandoned spouses to establish a formal record of desertion, defend against maintenance claims, or lay the groundwork for divorce after the expiration of one year.