Can court force husband to take back his wife

279 votes

Under Section 9 of the Hindu Marriage Act, 1955, if either spouse deserts the other without reasonable cause or refuses to cohabit with the other spouse, the aggrieved party may file a petition before the court seeking restitution of conjugal rights. The court may then pass a decree directing the respondent to resume cohabitation with the petitioner.

However, it is important to note that the court cannot force the respondent to resume cohabitation with the petitioner. The court can only pass a decree for restitution of conjugal rights, which is essentially a direction to the respondent to resume cohabitation with the petitioner. If the respondent still refuses to resume cohabitation, the petitioner may seek other legal remedies such as divorce.

It is also important to note that the court will only pass a decree for restitution of conjugal rights if it is satisfied that the petitioner is not at fault and that there is no other reasonable cause for the respondent's refusal to cohabit. If the court finds that the petitioner is at fault or that there is a reasonable cause for the respondent's refusal to cohabit, it may dismiss the petition.

LawRato LawRato

841 votes

Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.

Advocate Shikha Sapra LawRato

929 votes

Court can compel the husband to take back his wife. If he has left her. For this purpose you have to file a case for restitution conjugal rights. But if wife has left the matrimonial home as per her own wish, her right to enforce her husband is little difficult. In that case, the wife has to show that she left the premises because of her husband behaviour. In that scenario there is possibility that wife will be taken back by husband under court order. Revert me. All the best

Advocate Atul Patni LawRato

682 votes

In matrimoni al matters, the court can not force u to execute the decree, it is depend upon u to take your wife in ur house or not. they can give the divorce in this ground that cruelty has done. but the court can not force you to take back ur wife in ur house. therefore you should live tension free.

Advocate Sachin Kumar Jain LawRato

548 votes

Obviously the court can ask a husband to stay with her wife . Why on Earth marry, if you don't want to stay with each other! Pl see section 9 of the Hindu Marriage Act. It talks of restitution of conjugal rights

Advocate Arvind Kumar LawRato

932 votes

If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.

What the aggrieved party needs to do is file a petition to the district court and on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, the judge may decree restitution of conjugal rights in his favor. since marriage is an institution that is based on such trust and promise. So file a petition for Restitution of conjugal rights in the concerned family court. Thereafter if he is not maintaining you and the family you can file a petition for maintenance as well.

Advocate S. Sethu Mahendran LawRato

228 votes

Supreme Court says courts cannot force husbands to "keep wife". The Supreme Court made this observation when hearing a case where the husband had been charged with dowry abuse.

Advocate Chikirsha Mohanty LawRato