How do I claim restitution of conjugal rights in Agartala if my spouse left home?
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Below is a comprehensive legal analysis based on Indian law for your question.
If your spouse has withdrawn from your society in Agartala without reasonable cause, you can file a petition for restitution of conjugal rights. The Tripura High Court has noted that the petitioner must show the withdrawal was without lawful justification and that cohabitation is sought in good faith. Under the Tripura Rent Control Act 1973 and the Hindu Marriage Act, the court issues a decree directing the respondent to return and cohabit. If the decree is not complied with for one year, it becomes a ground for divorce. The respondent can defend on grounds such as cruelty or reasonable cause. This remedy is increasingly viewed with scepticism by courts concerned about personal autonomy.
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