|
Restitution of conjugal
rights
1[* * *1 When either
the husband or the wife has, without reasonable
excuse, withdrawn from the society of the other,
the aggrieved party may apply, by petition to
the district court, for restitution of conjugal
rights and the court, on being satisfied of the
truth of the statements made in such petition
and that there is no legal ground why the
application should not be granted, may decree
restitution of conjugal rights
accordingly.
2[Explanation. Where a question arises
whether there has been reasonable excuse for
withdrawal from the society, the burden of
proving reasonable excuse shall be on the person
who has withdrawn from the society.]
3[*
* *]
Comments
The
burden to prove that withdrawal from the society
of the spouse is on that spouse who withdraws
from the society and refuses to discharge
his/her marital obligations. If the husband or
wife refuse to discharge their matrimonial
obligations, they have to lead strong evidence
in support of their refusal to discharge their
obligations. lie refusal to discharge
obligations can be said to be reasonable or
justified only when it is impossible for one of
them to live with the other. Held that the
withdrawal by the wife from the society of
husband was unjustified and unreasonable as
there was no demand for dowry and there was no
possibility of maltreatment by the husband;
Deepa Suyal V. Dinesh Chandra Suyal, AIR 1993
All 244.
Cruelty
is a ground for divorce also and cruelty can be
offered as a defence in a suit for restitution
of conjugal rights. The allegations made by the
wife that the husband is a drunkard and indulges
in gambling is a feeble attempt made by the wife
to show cruelty as a defence for restitution of
conjugal rights; Pushpa Rani V. Vijay Pal Singh,
AIR 1994 All 216.
Judicial separation.
-
4[
Either party to a marriage, whether solemnized
before or after the commencement of this Act,
may present a petition praying for a decree for
judicial separation on any of the grounds
specified in sub-section (1) of section 13, and
in the case of a wife also on any of the grounds
specified in sub-section (2) thereof, as grounds
on which a petition for divorce might have been
presented.]
-
Where a
decree for judicial separation has been passed,
it shall no longer be obligatory for the
petitioner to cohabit with the respondent, but
the court may, oil the application by petition
of either party and oil being satisfied of the
truth of the statements made in such petition,
rescind the decree if it considers it just and
reasonable to do so.
Comments
In
order to get a judicial separation it is
necessary to obtain a decree and then alone it
would be recognized as judicial separation.
Judicially separated wife cannot be given a
meaning to include a wife, merely living
separately and who has not obtained a decree for
judicial separation; Darshan Prashad V. Civil
Judge, Gorakhpur, AIR 1992 SC
967.
-
The
brackets and figure "(])" omitted by Act 68 of
1976, see. 3.
-
Ins. by
Act 68 of 1976, see. 3.
-
Sub-section (2) omitted by Act 68 of
1976, see. 3.
-
Subs.
by Act 68 of 1976, see. 4, for sub-section
(1) |
