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Restitution of conjugal rights, if I don’t follow what happens? Pls


23-Aug-2023 (In Divorce Law)
I have decided to live separately from my husband. My husband and I relations are not good and we don’t get along anymore. He has issued a restitution of conjugal rights against me. I have got the decree yesterday. I read online that if the court attaches property to the decree I can even be punished for not following the restitution of conjugal rights and returning to my husband. If I don’t return to him, what will my punishment be? Please help me I don’t want to live with my husband anymore.
Answers (3)

Answer #1
524 votes
If a decree for restitution of conjugal rights is passed, then the other spouse must comply with the order. If the other spouse fails to comply with the order, the petitioner can file for contempt of court. However, it is also important to note that the remedy of restitution of conjugal rights is not a guarantee of a happy marriage. It is only a legal remedy to reunite estranged spouses. If the parties cannot live together peacefully, they may seek other legal remedies, such as divorce or judicial separation.
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Advocate Pankaj Bajaj

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Answer #2
824 votes
The decree of restitution of conjugal rights can be enforced against you by the attachment of property, since the decree is within the meaning of decree as per civil procedure code. Ifyou do not comply with the order of restitution, the Court can also punish you for contempt of court. Actually you should have filed for divorce against your husband if you do not wish to love with your husband. But for this decree, you have to comply with it.
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Advocate Rahul Mishra

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Answer #3
921 votes
I have gone through your query. if the decree of restitution is passed against you and you still don't want to return to your husband then your can avoid going to him by stretching the matter in court and challenging the order passed
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Advocate Juhi Qureshi

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