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Is a decree of restitution of conjugal rights enforceable? Can it be executed forcibly?

Posted by jobseeker Tanyashree | Approved
Answers (1)

The decree is legally enforceable, but it cannot be enforced by force or physical compulsion. This remedy is civil in nature, and while it does not enforce physical force or punishment, it provides a legal avenue to assert the marital right of cohabitation.
For example, a wife cannot be forced to return to her husband’s home against her will. However, if the order is not obeyed for one year, it becomes a valid ground for divorce under Section 13(1A) (ii) of the Hindu Marriage Act. So, it can sometimes act as a stepping stone for a future divorce case if reconciliation fails.

Answered by jobseeker JYOTI MEENA | Approved

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