A petition for restitution of conjugal rights may be filed by the aggrieved party to the

Section 9 of the Hindu Marriage Act, 1955 lets the aggrieved spouse apply "by petition to the district court" for restitution of conjugal rights. Where a Family Court has been set up, section 7 of the Family Courts Act, 1984 gives it jurisdiction over "a suit or proceeding for restitution of conjugal rights", and section 8 then excludes the district court.

The petition thus lies to the Family Court or to the District Court, depending on whether a Family Court exists for the area; neither is the only forum everywhere, and the High Court is not a court of first instance for it.