Non-participation in a proceeding of a restitution of conjugal rights has civil consequences
The Supreme Court observed that non-participation in a proceeding of a restitution of conjugal rights has civil consequences.
This observation was made while allowing a transfer petition filed by a wife seeking transfer of the a petition filed under Section 9 of the Hindu marriage Act for restitution of conjugal rights, pending before the Court of Ld. District Judge of Dadra & Nagar Haveli at Silvassa to the Family Court, Ahmedabad, Gujarat.
The court noted Order XXI Rule 32 of the Code of Civil Procedure which deals with the execution of decree for specific performance for restitution of conjugal rights, or for an injunction.
The provision reads as follows : Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both.
Taking note of this, the bench of Justices CT Ravikumar and Sanjay Kumar observed:
“We are of the view that it cannot be said that nonparticipation in a proceeding of a restitution of conjugal rights, of the party who seeks for transfer of such proceeding is absolutely impactless. In fact, it has civil consequences as is evident from the aforesaid provision. In such circumstances and taking into account the distance of the court where the case sought to be transferred is pending and the place where the petitioner-wife is presently residing, we are inclined to allow the captioned transfer petition.”, the court said.