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Whether order for cohabitation can enforce sexual relations

Whether Order For Cohabitation Can Enforce Sexual Relations Between Husband, Wife?

As per the scheme of the Hindu Marriage Act the decree for
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
notion.
IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Delivered on: October 07, 2016
MAT.APP.(F.C.) 64/2015
SUDHA GUPTA
v
HAR PRASAD GUPTA
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
https://www.lawweb.in/2016/10/whether-order-for-cohabitation-can.html

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7 Replies

Kumar Doab (FIN) 10 October 2016

Thanks for posting.

(Guest)

Wahi kar nahi paati court. Warna ladkon ka kya hota? TFS.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 10 October 2016

I object this view of honorable Delhi HC.

RCR is a useless section of HMA.

It can neither enforce cohabitation nor s*xual intercourse.

Section 13(1A)(ii) of HMA gives no power to any court to enforce cohabitation against the will of any spouse.

I am highlighting the following quotes of this order – “it can be said that the law

enforces cohabitation but it does not and cannot enforce s*xual intercourse” – This assumption (it can be said) is wrong since HMA does not support it. This is an imputed and impugned view of honorable court that does not have any legal ground. It also violates Article 21 of Indian Constitution.

https://www.facebook.com/RockySmith4Calcutta/

KS Johal 11 October 2016

I totally agree with Rocky Smith. Cohabitation cannot be enforced on any spouse. International law and justice does not accept this notion of cohabitation. The courts already accept that this is wrong. This particular section of the law that many people do not understand create disharmony and positive discrimination.

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(Guest)

Rocky, who told u RCR is useless? Do you even know how useful RCR is in obtaining divorce??

(Guest)

Site admin is dormant. IDs like rocky smith should be deleted.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 11 October 2016

Originally posted by : Gyan Prakash
	Rocky, who told u RCR is useless? Do you even know how useful RCR is in obtaining divorce??

Dear Gyan Prakash,

Please think twice,

If somebody’s target is to obtain divorce then why he must filing RCR and pray for restoration before the court? Why he should bluff / mislead such matrimonial proceedings?

Moreover, he should pay more maintenance with litigation cost during the RCR proceeding else it will remained adjourned and eventually dismissed by the court.

How many people get divorce in the ground of “Failure of RCR” ground per year? – Answer is close to zero. Only lawyer makes money.