filed for divorce restitution conjugal rights decree not enforced

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Hi

A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse.

But the execution of the decree of restitution of conjugal rights is very difficult.
The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law.

The non-compliance of the issued decree results to constructive destruction on the part of the erring spouse. At present as per the provisions available under the Indian personal laws, the aggrieved party move a petition for a decree of divorce after one year from the date of the passing of the decree and the competent court can pass a decree of divorce in favour of the aggrieved party. The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court. But under no circumstances the court can force the erring spouse to consummate marriage.
So in your case, you can choose to apply for divorce proceedings on grounds of non compliance of the decree or seek attachment of properties of the person against whom the decree was passed.

Hope this helps.

Advocate Rajagopalan LawRato