Karthik Alahari, BBA LLB (Hons), School of Law, Alliance University, Bangalore
Citation:
AIR 1976 Delhi 321
Bench:
Hon’ble Justice A.B. Rohatgi
Introduction The remedy of restitution of conjugal rights, which gives one spouse access to the comfort and surroundings of the other spouse, is the fundamental tenet of marital law. Its aim is to preserve the marriage, but what if one spouse cheats to secure a court order restoring conjugal rights? In order to ensure that there is no unfair enrichment that results in a joint family venture, the court must consider the fact that most relationships have reciprocal advantages. If a mother of two moves into the household and then works for the home, contributes financially, and receives "free" housing and board for herself and the kids, it suggests a cooperative family effort or merely an exchange of benefits. Although the creation of the joint family venture concept represents a considerable improvement for common law couples, it still falls short of what is offered in provinces where common law couples enjoy the same property rights as married couples.
