LI Network
Published on: 31 July 2023 at 11:20 IST
The Supreme Court has emphasized that non-participation in a restitution of conjugal rights proceeding carries civil consequences.
This observation came to light when the court granted a transfer petition filed by a wife, who sought to move a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights from the Court of Ld. District Judge of Dadra & Nagar Haveli at Silvassa to the Family Court in Ahmedabad, Gujarat.
In its ruling, the court took note of Order XXI Rule 32 of the Code of Civil Procedure, which deals with the execution of decrees for specific performance in cases of restitution of conjugal rights or injunctions.
The provision specifies that if the party against whom a decree has been passed for specific performance or restitution of conjugal rights, or for an injunction, willfully fails to obey the decree despite having the opportunity to comply with it, enforcement actions may be taken.
In cases of restitution of conjugal rights, this may involve attaching the party’s property or even detaining them in civil prison, or both, depending on the situation.
Based on this legal standpoint, the bench comprising Justices CT Ravikumar and Sanjay Kumar reasoned that non-participation in a restitution of conjugal rights proceeding, by the party seeking its transfer, cannot be deemed to be devoid of any impact.
Instead, it bears civil consequences, as evident from the aforementioned legal provision.
Considering the distance between the court where the case was originally pending and the place where the petitioner-wife presently resides, the court was inclined to grant the transfer petition.
