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N.K.Assumi (Advocate)     21 November 2009

Consequence of violation of Court decree under section 9 HMA

If the court grants a decree in favour of the husband for restitution of conjugal rights against the wife who refused to comply with the courts order, does it amount to contempt of court? if the wife violates the decree of the court and the court grants financial sanction against the wife does it amount to end of the marriage? What is the real objects of Order 21 Rules 32 CPC?



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 12 Replies

Suchitra. S (Advocate)     21 November 2009

Intersting query. I would like to know ,too..  :)  I dont know whether courts order for fine for disobeying the decree..

N.K.Assumi (Advocate)     21 November 2009

Dear Suchitra Ji, in this aspects I think our Naga Customary law is far better than Hindu law. In our case the husband can take a shoot Gun and drag her home by the hair and no one will say anyhing. But this rituals of going to the court for RCR etc is a big head ache.

Suchitra. S (Advocate)     21 November 2009

Ha..ha.. whatever you say sir, it is left to the parties to decide to stay together or to depart. No one else, not even courts can do anything in this matter.  You cannot order a person to stay with another through law. Marriage is meeting of minds after all.  :)

H.D.Kumaravelu (Advocate)     21 November 2009

Sir,

Having obtained a decree for restitution of conjugal rights, and if the wife fails to join the husband can he can invoke Order XXi rule 32 to enforce the decree. Failure to obey the decree by the wife will not amount to contempt of court. At the most it will be a good ground for the husband to move a petition for divorce against her.

1 Like

Sanjeev Kuchhal (Publishers)     21 November 2009

In case of  non-compliance with the decree for restitution of conjugal rights for one year, the consequence is provided under section 13(1-A)(ii) of HM Act.

In many cases it is seen that decree for restitution of conjugal rights is obtained by the husband just to defeat the claim of maintenance. In many cases it is found that husband is at fault and  by his own acts made resumption of cohabitation impossible or unworkable. Thereafter petiton for divorce is filed.

K. Rajendra Prakash (Advocate)     22 November 2009

Consequence of violation of Court decree under S/9 of HMA creates a ground to seek divorce.

1 Like

Adv ramesh chheda (prop)     22 November 2009

according to law , since it is decree of court , it can be executed in the simialr manner as that of other decrees. This particular issued is now settled by supreme court . Earlier there were controversial judgement of Delhi High court as well that of Andhra pradesh high court.

Supreme court has stated in its order that if other person is not wilfully executing decree in such case attachment of property can take place even in case of decree passed u/s. 9 of HMA .

But ultimately it is a matter of mutual understanding as even if u force u r wife to stay with u but u cannot force her to enter into s*xual relationship or to perform any other marital obligations. In such case she will go for cruelty case against u . For all practical purposes though u have paper decree but it is having no value and so it is better that u go for divorce after one year if wife is not ready to consumate as it is a ground for cruelty for not allowing to maintain s*xual relationship

I wish that i could satisfy u r querry . in case still wish to know more may send me email thnx

adv ramesh chheda

Hardik Mehta (Family Counsellor)     24 November 2009

Hi,

In case where the wife refuses to comply to the court order, the court cannot do anything against the wife as she has to free will to stay or not to stay with the husband. In this circumstances, this is the breach of right of the Indian Constitution if she has been forced and punished. The husband then seek the remedy for the divorce u/s 13 of HMA. The divorce will then be granted without any hassels.

 

bhupender sharma (head)     19 December 2009

Which is teh judegement which has said so.

 

Raghav Sood (Lawyer)     19 December 2009

you can file petition for enforement of decree of conjugal rights and the wife disobeys the order then the courts shall not insist or force wife to live with you  but the court in that evant and in order to enforece the decree shall attach all her srtidhan articles subject to the list providied by you and she will be dbarred from using her istridhan and further she is also not entitled for monetary maintenance if she files any petition US 125 and 12 of Dv Avt this the manner of enforement of decree for restitition of conuugal rights

and it is good ground for divorece

1 Like

ashoksrivastava (scientist)     04 November 2013

Originally posted by : N.K.Assumi
Dear Suchitra Ji , in this aspects I think our Naga Customary law is far better than Hindu law. In our case the husband can take a shoot Gun and drag her home by thehair  and no one will say anyhing. But this rituals of going to the court for RCR etc is a big head ache.

 Dear Assumi ji Lol l wish some of our traditional wisdom is incorporated in HMA and useless laws like order XXI rule32/ 33 are abrogated in favour of commonsense. Divorce rate will then fall down sharply and courts will be relieved of unnecessary burden.

But these options should be available to both the spouses

regards ASHOK

Aneesh Trivedi (Advocate)     04 November 2013

i had given the same query but no one reply fully as it is rereset my case was decided on 24-10-2013

but the district judge gave so foolish decision that even normal person without law background can say this is foolish judgement

Judge - District Judge DAMOH [ madhya pradesh]

Judgement-- 1] wife lived with husband after decree for year so decree is fulfilled now she is not residing with husband so this is matter of  filing of newRCR.

[ here he want to say the decree passed by court is for limited time but i heared and read from high court advocates that Restituion of conjugal right decree is for life time.]

2] Presently wife is working and it is not desirable to break her sevices  and give hero rder that she should come and live with husband .

[ this means that preiveious District Judge was fool who gave the order to working wife that she should immediately join to her husband]

present District judege two time send summons to wife, entertain full case, one even he oredered us for our witnesss and when we produced then he says it was done by mistake , all the facts are mentioned on order sheet.

which type of district Judge he is? who are playing with peoples time and money , and not giving proper judgement however it is clearly mentioned in the said rule what to do...

wife received notices still again he send second notices and wait for her till 5 o' clock ok that is good procedure but after entertaining she was absent and still the judgement is of this type.. it is not my frustration because this judgement not affecting me either way but i want to present the height of foolishness of DISTRICT JUDGE-- AT PRESENT IN DAMOH [ MADHYA PRADESH ] Passes such foolish order.

what should be done for such type people, really that's why normal people having having no respect for Indian judicial system... anyway come to case

[1] what can i do?

[2] Can i do anything against such judges [ i know now order can not be changed] so that they will give correct judgment for others, as thye are next to god for poor people..

[3] and what about execution only alternative is high court but any other option is there please suggest//

if i am wrong then correct me also. i beg sorry  if  did any misconduct.


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