High CourtsSingle Bench(2007) 01 RAJ CK 0041

Mohan Lal vs Smt. Sayra Devi

Rajasthan High Court · Decided on 4 January 2007 · Citation: (2007) 1 WLN 121

HON’BLE JUDGES
P.C. Tatia, J
CASE NUMBER
Civil Revision Petition No. 543 of 2006

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Judgment

4 paragraphs · 167 words

Prakash Tatia, J.—Heard learned Counsel for the petitioner.

2.

The petitioner sought execution of the decree passed in petitioner�s petition u/s 9 of the Hindu Marriage Act for restitution of conjugal rights. The petitioner also prayed u/s 151 CPC that in case, the respondent is not ready to come and live with the petitioner then she may be sent to the civil imprisonment. The executing Court dismissed the petitioner�s application and also dismissed the petitioner�s execution petition.

3.

In the matter of restitution of conjugal rights, the decree is not executable as sought by the petitioner because of the reason that no spouse one can be compelled to live with the other, if the other spouse is not ready to live despite the decree for restitution of conjugal rights and the purpose of such decree is not for ventilating personal grudge against the other spouse, therefore, I do not find any illegality in the impugned orders.

4.

Accordingly, this revision petition, having no merits, is hereby dismissed.