matrimonial obligations of wife

KANDE VENKATESH GUPTA (Querist) 22 May 2011 This query is : Resolved
All the legal enactments i.e., S.498-A IPC, 125 Cr.P.C., 3 & 4 of Dowry Prohibition Act and Domestic Violence Act enforces the duty of the husband to maintain the wife and not to harass her in any form and made him liable to be prosecuted in the event wife approaches court of law. Is there any enactment recognizing the obligations on the part of the wife towards her matrimonial home and discharge her matrimonial obligations enabling the husband to seek appropriate remedies?

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Devajyoti Barman (Expert) 22 May 2011
Yea a provision is there and that is for restitution of conjugal rights.

If the wife does not comply the decree there there is a way for enforcement of it , as well but not by its actual implementation but by consequences she has to face out of its non- compliance.

Guest (Expert) 22 May 2011
No such enactments are there as per your query. It is customary in nature. No hard and fast rules are there. the things are just and necessary one relating to the circumstances. In sec 9 of HMA act no such duties vested with. The court cannot compel under sec.9 against her will.

Devajyoti Barman (Expert) 22 May 2011
The section 9 of HMA is very much self-explanatory and has been enacted in recognition of the failure to do the marital obligations.
If one of the spouses leaves the company of the other as a result of which the marital duties and obligations suffer, the aggrieved spouse can go to the court and get the decree.
As per as implementation is concerned I did not mention the fulfillment of martial obligations in compliance of decree but the consequences of not complying it.

Order 21 Rule 32 of CPC very much provides the way to enforce the decree passed in the proceeding u/s 9 of HMA.

M/s. Y-not legal services (Expert) 22 May 2011
No. Am agree with mr.ganesan, court can not compell any one to do against her or his wish. Dear author no any provision like as your expectation.. More over section 9 of hindu marriage act stands for restitution of conjugal rights, husband or wife any one can file this petition. Can husband only file the petition mr.barman?

M/s. Y-not legal services (Expert) 22 May 2011
Dear author, don't worry very soon we will get an amendment that 498-B. All husband will be safe and secure by that section. All aggrieved husband may revenge their wife. Happy sunday.

matrimonial obligations of wife

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