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Vikas Yadav   19 February 2021

Sec 9 Restitution of Conjugal rights

Can Restitution of Conjugal rights forcefully applied in case
if respondent wife don't want to cohabit with husband ? what would happen in a case?
How can Court interference in personal matters?


Learning

 7 Replies

175B083 Mahesh P S   20 February 2021

Hello 

Family Courts can intervene in Family related cases.

https://www.lawyersclubindia.com/articles/representaion-of-party-by-legal-practitioner-in-family-courts-3285.asp

For Information pertaining to restitution of conjugal rights visit:

https://www.lawyersclubindia.com/articles/restitution-of-conjugal-rights-3134.asp
https://www.lawyersclubindia.com/articles/restitution-of-conjugal-rights-under-hindu-marriage-act-195-1535.asp

Thank you

Kishor Mehta (CEO)     20 February 2021

Court can only pass an order but cannot force a party to co-habit physically. Wife may jeopardize her rights of maintenance if she doesn't co-habit without a proper and valid cause. 

2 Like

SATENDRA KUMAR MISHRA (Advocate)     20 February 2021

Please read Order 21 Rule 32 of CPC

 

Dr J C Vashista (Advocate)     21 February 2021

Decree can be passed by very difficult to execute despite the fact there is a provision under Order XXI Rule 32 of the Code of Civil Procedure, as advised by expert Mr. satendra Kumar Mishra.

P. Venu (Advocate)     21 February 2021

You have not posted the complete facts.

Vikas Yadav   21 February 2021

In fact, my professor had asked that section 9 restitution of conjugal rights, courts cannot forcefully enforce the order.

N.K.Assumi (Advocate)     22 February 2021

RC is only a twilight to divorce,and there is no other way. A  House is built by hand but a home is built by Heart not by LAW. 


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