Restitution of Conjugal Rights Case Laws

Keep Sharing

Restitution of Conjugal Rights Case Laws

Restitution of Conjugal Rights Case Laws

Shanti Devi V.s. Ramesh Chandra

In Shanti Devi V.s. Ramesh Chandra, A.1.R. 1964, it was held by Patna High Court that in an application for the restitution of conjugal rights, the court must give serious consideration to the evidence of the wife and her parents and cannot refuse to do so on the ground of their being interested witnesses.

Smt. Shanti Devi Vs. Balbir Singh (A.I.R. 1971)

In this case , the court held that in a petition for restitution it has to be seen whether the husband or wife as the case may be, has withdrawn from the society of the other without reasonable cause or excuse. The second requirement is that the court must be satisfied as one of the statements made in the petition. Thirdly,  there should be no legitimate ground why the relief should not be allow.

In this case the petition of restitution of conjugal rights against the wife failed on the ground that the conduct of the husband has been cruel, torturesome to her. Moreover, the husband was having love affairs with another girl. The bench held it to be a reasonable defend for her to live apart from the husband.

Tularam V.s. Smt. Mishri

In Tularam V.s. Smt. Mishri, 1979, M.P. High Court, held that the plea that the marriage was in contravention of the provisions of S.5 (i) of the Hindu-Marriage Act, was not found to be a just excuse and it was held that decree of restitution of conjugal rights could not be refused.

Smt. Sumanbai Vs. Anandrao Onkar Panpatil

In Smt. Sumanbai Vs. Anandrao Onkar Panpatil, A.I.R. 1976, it was held that there cannot be more insulting injury to the wife than her husband doubting her purity. If such allegations are lightly made and persisted in filing petition, the husband is not entitled to any relief under S.9 of the Act.

Restitution of conjugal rights

Restitution of conjugal rights case laws

Hindu Law Notes

Leave a Reply

Your email address will not be published. Required fields are marked *