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Can court force husband to stay with wife ?
14-Jun-2024 (In Divorce Law)
Yes. The Hindu Marriage Act, 1955 (Section 9) allows the aggrieved spouse to petition the court for restitution of conjugal rights where the other has, without reasonable excuse, withdrawn from society, and the court may decree restitution even if the defaulting spouse's family does not support cohabitation [https://indiankanoon.org/doc/322349/]. The Supreme Court has upheld Section 9 and explained that a decree is meant to induce reunion and may be enforced by civil measures (attachment of property, contempt) but not by physically forcing sexual intercourse; persistent non'cohabitation after a decree can later ground divorce relief [Smt. Saroj Rani v. Sudarshan Kumar Chadha, AIR 1984 SC 1562; https://indiankanoon.org/doc/1382895/]. Note that an earlier Andhra Pradesh High Court judgment (T. Sareetha) struck down Section 9, but that view was not sustained by the Supreme Court; facts and reasonable excuse are determinative in each case [T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356; https://indiankanoon.org/doc/1987982/].
No, in India, a court cannot force a husband to live with his wife against his will.
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.
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