Most people believe that matrimonial causes is mostly about divorce and judicial separation. whereas there is also a petition for a decree of restitution of conjugal rights.
Restitution of conjugal rights is when either of the spouse fails to perform his/her duties in the home , then the other person can apply to court to make sure/ ensure that the other partner do the important and the necessary.....lol. Especially to perform the obligation as husband and also as a wife.
However , the petitioner in a petition for a decree of restitution of conjugal rights shall state the date on which the petitioner and the respondent last cohabited and the the circumstances that makes it to cease.
The petitioner shall also state the manner in which the written request for cohabitation expressed in conciliatory language was made to the respondent to show sincerity of the petitioner pursuant to Section 49{6} of the Matrimonial Causes Act. Where the written request was not made, the petitioner should state the particulars of the special circumstances that would justify the making of the decree notwithstanding the failure to write such a request. Furthermore, the petition shall state the petitioner sincerely desires conjugal rights to be rendered by the respondent and that the respondent still refuses to perform his/her conjugal rights. In conclusion, when the court is convinced that the respondent really failed/neglected/ refuses to perform his/her conjugal rights then the court can restore same.
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