Whether Order For Cohabitation Can Enforce Sexual Relations Between Husband, Wife?
restitution of conjugal rights is a stepping stone and passage towards
divorce. Section 13(1A)(ii) provides that if the withdrawing spouse is
disobedient to the decree of restitution of conjugal rights and the husband
and wife continue to live separately as before, each of them is entitled to
seek dissolution of marriage. Thus, the legal position is that on passing of a
decree for restitution of conjugal rights at the most it can be said that the law
enforces cohabitation but it does not and cannot enforce s*xual intercourse.
The apprehension in the mind of the appellant that if the decree is executed
she will be forced to have cohabitation with her husband, is a mistaken
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: October 07, 2016
HAR PRASAD GUPTA
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI