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Husband filed case under sec 9 even though he is not letting wife come
09-Mar-2023 (In Family Law)
Hello,my husband filed a case in court under section 9 that I want my wife back by raising all false allegations,one year has been completed I was not with him and I am living with my parents when igave birth to our son also he didn't come at least to see our baby ,in this one year he didn't contacted me even once directly he sent notice to me that I am not coming ,he and his parents toured me for extra dowry ,now I don't want to go with him what to do?Should I attend the counseling
Dear Client,
Restitution of Conjugal Rights - (Right to stay together)
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.
However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
Restitution of Conjugal Rights - (Right to stay together)
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.
However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
Helpful?
Adv. Hemadri VSSRR Chandrakanth
Vijayawada | 25+ Answers
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