The grocery bill, rent payment, school fees, telephone, electricity and water dues are required to be paid on the due date and will not await the contingency of the receipt of the payment on a future date in Court. It has thus become necessary to ensure that maintenance payment to a wife/child is made at least on a regular monthly basis and defaults for no justifiable cause ought not to go scot free without sanctions.
It is significant to note that unlike a decree of specific performance of contract, for restitution of conjugal rights, the sanction is provided by court where the disobedience to such a decree is willful i.e. is deliberate, in spite of the opportunities and there are no other impediments, might be enforced by attachment of property.
The leading idea of S. 9 was to preserve the marriage. From the definition of cohabitation and consortium, it appeared to the learned judge that sexual intercourse was one of the elements […]
In India it may be borne in mind that conjugal rights i.e. right of the husband or the wife to the society of the other spouse is not merely creature of the statute. Such a right is inherent in the very institution of marriage itself
In a proceeding like this for restitution of conjugal rights brought u/s 9 of the Hindu Marriage Act, by reason of explanation appended to the section, the burden lies on the petitioner […]
Section 23 of the Hindu Marriage Act mandates the Court before granting decree for Divorce, whether defended or not to satisfy itself (1) if the grounds for claiming relief exist and the […]
Section 12 in The Hindu Marriage Act, 1955 [extract] (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree […]
KEYWORDS:- Divorce- pendente lite- DATE:- April 09, 2018 ACTS:- Section 13 AND 24 of the Hindu Marriage Act, 1955 Consequent upon passing of the maintenance order dated 15.07.2016 under Section 24 of the Act […]
Special Marriage Act, 1954 Short title, extent and commencement Definitions Marriage officers Conditions relating to solemnization of special marriages Notice of intended marriage Marriage Notice Book and publication Objection to marriage Procedure […]
Hindu Marriage Act, 1955—Section 9—Restitution of conjugal rights
09-19-2017 If the Family Court feels it appropriate having regard to the facts and circumstances of the case that video conferencing will sub-serve the cause of justice, it may so direct. IN THE SUPREME COURT […]