Restitution of Conjugal Rights under the Hindu Marriage Act: Analysis of Case Laws and Procedural Aspects under the Code of Civil Procedure

Title: Restitution of Conjugal Rights under the Hindu Marriage Act: Analysis of Case Laws and Procedural Aspects under the Code of Civil Procedure

Some case laws and procedural aspects under the Code of Civil Procedure (CPC) relevant to the restitution of conjugal rights under the Hindu Marriage Act are:

1) Restitution of Conjugal Rights and CPC Provisions:

   - Section 9 of the Hindu Marriage Act, 1955: This section deals with the restitution of conjugal rights and provides a legal remedy for a spouse to seek the resumption of marital cohabitation in case of desertion.

   - Order XXI, Rule 32 of the CPC: This rule empowers the court to enforce a decree for restitution of conjugal rights by attaching the property of the disobedient party.

   - Order XXI, Rule 46 of the CPC: This rule allows the court to issue a warrant for the arrest and detention of the respondent who fails to comply with the decree of restitution of conjugal rights.

2) Landmark Case Laws:

   - Saroj Rani v. Sudarshan Kumar Chadha (1984): This case emphasized that the decree of restitution of conjugal rights cannot be enforced by coercion or by using physical force, and the remedy lies in persuasion and reconciliation.

   - Smt. Jaya Ghosh v. Samir Ghosh (2002): In this case, the Supreme Court held that while a decree for restitution of conjugal rights may be granted, it cannot be enforced by attachment or arrest of the respondent.

   - Smt. Alka v. Sanjay Kumar (2011): The court ruled that the refusal of sexual intercourse by a spouse can be considered a valid ground for the other spouse to seek a decree of restitution of conjugal rights.

These case laws and procedural aspects shed light on the legal framework surrounding the restitution of conjugal rights under the Hindu Marriage Act and its enforcement through the provisions of the Code of Civil Procedure.