Withdraw restitution - petitioner presence is required or no

Hello,

As you may already know restitution of conjugal rights is a positive matrimonial remedy that requires both parties to the marriage to live together and cohabit. In the case of Jagraj Singh vs. Birpal Kaur, the Court held that "As per Order IX Rule 12 of CPC, in appropriate cases, a civil court may direct the parties to the suit to appear in person – Further, Section 23 (2) of Act provides that Court is required to make every endeavour to bring reconciliation between the parties. In light of the above provisions, an order passed by Matrimonial Court asking party to remain personally present in proceedings could not be successfully challenged and it could not be contended that Court has no such power.
If your first hearing is in three days time, then it is best that you approach your lawyer and get the petition withdrawn. Your lawyer is there as your agent and represents you in court. Your own presence is not required unless so mandated by the court. If you need any clarifications, you can call me at 09555 507 507 or send me a mail at info@lawkonect.com.

Regards,

Advocate Ashok Kumar; www.lawkonect.com