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Can family court issue observation order in case of CRP


03-Sep-2023 (In Family Law)
A maintenance CRP case is in proceeding with the family court. The respondent gave a counter that he is ready now to live a happy conjugal life with the petitioner. The petitioner agreed and requested the family court to issue an observation order so that the petitioner can join the respondent in the eyes of justice . The family court who had assured to take care the safety of the petitioner denied the observation period. The family court further said that it is up to the petitioner to join the respondent or not. But the family court cannot issue an observation order. Did the family court judge did a right thing? What should the petitioner do as she is not comfortable to join without an observation order issued by the family court ?
Answers (4)

Answer #1
507 votes
There is no provision of observations in such case.as Petitioner thyself field the case for restitution then it's his look out whether or not stay with the respondent. But if there any hardship arises then the petitioner can reproach the court for a divorce petition along with other legal remedies available for the time being in force.
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Advocate Deepak Kumar Panda

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Answer #2
632 votes
By the order of the family court it is not that he or she cannot stay with the other. By just observation order it doesn't make the petitioner of their security. So no matter whether mentioned in the order it doesn't make any difference. It is up to the petitioner to decide whether to stay or not to stay jiontly. U can call me if any doubt.
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Advocate H V B R K Dora

Adv. H V B R K Dora

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Answer #3
964 votes
File a memo to send the cave to the consolation . Where after discussions with both the parties the will give a observation which will be a part of record . Or if you bot want to stay to gather then file joint affidavit
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Advocate Durga Prasad Jena

Adv. Durga Prasad Jena

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Answer #4
964 votes
Yes, the Judge of the Family Court has passed the appropriate order. The observation order cannot be issued in favor of the petitioner as it is a matter of husband and wife and one cannot say what will happened in bedroom.
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Advocate Rabi Shankar Mohanty

Adv. Rabi Shankar Mohanty

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