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RESTITUTION OF CONJUGAL RIGHTS - (Right to stay together)
If
either the husband or the wife, without reasonable excuses, withdraws
from the society of the other, the aggrieved party may approach
the Court for restitution of conjugal rights.
The decree of restitution of conjugal rights cannot be executed
by forcing the party who has withdrawn from the society from the
other to stay with the person who institutes Petition for restitution.
The decree can be executed only by attachment of the properties
of the judgement debtor. The practice has shown that the decree
of restitution is a paper decree.
However, if the decree of restitution of conjugal right is not honoured
for a period of more than one year, subsequent to the date of the
decree, it becomes a ground for divorce.
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