Can court force husband to take back his wife
13-May-2023 (In Divorce Law)
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.
Can court force married couple to live together?
Can a husband force his wife to stay with him?
Can court force me to stay with my husband?
Can court compel wife to stay with husband?
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.
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