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?
 
Reply   
 

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

 
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CEO

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. 


Total likes : 2 times

 
Reply   
 

Please read Order 21 Rule 32 of CPC

 

 
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Lawyer

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.

 
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Advocate

You have not posted the complete facts.

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

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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