Moot Court Hindu Law

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Smt.

Saroj Rani vs Sudarshan Kumar Chadha on 8 August, 1984


Petition by wife for restitution of conjugal rights- Husband consenting to the passing of a
decree-Decree passed- Husband after one year filing petition under ... view that
the restitution decree did not enforce sexual intercourse. It was a fallacy to hold that
the restitution of conjugal rights constituted
Supreme Court of India Cites 17 - Cited by 90 - S Mukharji - Full Document

Dharmendra Kumar vs Usha Kumar on 19 August, 1977


divorce can be obtained for absence of restitution of conjugal rights after decree
for restitution is granted by a person who refuses to have restitution ... HEADNOTE: The
respondent-wife was granted a decree for restitution of conjugal rights on her application
under s. 9 of Hindu Marriage
Supreme Court of India Cites 13 - Cited by 60 - A C Gupta - Full Document

Smt. Bimla Devi D/O Bakhtawar Singh vs Singh Raj S/O Dasondhi Ram on 17
December, 1976
Singh Raj respondent filed a petition for restitution of conjugal rights on the ground that
the wife withdrew from his society without reasonable cause ... such the husband was not
entitled to a decree for restitution of conjugal rights. This application was allowed by the
learned Additional District Judge, Karnal
Punjab-Haryana High Court Cites 20 - Cited by 26 - Full Document

Ram Kali vs Gopal Dass on 13 January, 1971


question which arises for determination is whether the absence
of restitution of conjugal rights as between the parties to the case for a period ... than two
years after the passing of the decree for restitution of conjugal rights in favor of the
appellant against the respondent constitutes a good
Delhi High Court Cites 11 - Cited by 25 - H R Khanna - Full Document

Laxmibai Laxmichand Shah vs Laxmichand Ravaji Shah on 30 March, 1967


restitution was never complied. (3) It was urged in the trial Court on behalf of the wife that
the decree for restitution of conjugal rights ... conjugal life has not been restored after the
expiry of two years or more from the date of decree
for restitution of conjugal rights should
Bombay High Court Cites 11 - Cited by 20 - Full Document

Musunuru Nagendramma vs Musunuru Ramakotayya on 3 September, 1953


available to a wife to defeat a suit for restitution of conjugal rights would also entitle the
superseded wife to live apart from her husband ... husband countered it by filing a suit
for restitution of conjugal rights. The husband had married a second wife and it was held
that
Madras High Court Cites 16 - Cited by 17 - Full Document

Bhagwan Raoji Dale vs Sushma Alias Nanda Bhagwan Dale on 17 April, 1998
Court of Civil Judge, Senior Division, Dhule for restitution of conjugal rights alleging that
the wife had deserted him without any reasonable cause and without ... respond. Hence the
husband filed the petition for restitution of conjugal rights on 12th June, 1998. 6. Pending
the petition for restitution of conjugal rights
Bombay High Court Cites 19 - Cited by 11 - S S Parkar - Full Document
Smt. Uttara Praveen Thool vs Praveen S/O Bhanudas Thool on 6 January,
2014
said Act) bearing No.364 of 1994 for restitution of conjugal rights. During pendency of
said proceedings, the respondent pleadings and in the alternate sought ... restitution, can
thereafter, never, file the proceedings for divorce on the available grounds. Non execution of
a decree for the restitution of conjugal rights
Bombay High Court Cites 34 - Cited by 7 - A S Chandurkar - Full Document

Jethabhai Ratanshi Lodaya vs Manabai Jethabhai Lodaya on 6 April, 1973


they were parities: or (ii) that there has been no restitution of conjugal rights as between
the parties to the marriage for a period ... case and in failure to comply with the decree
for restitution of conjugal rights in the other under the new grounds in the sub-section
Bombay High Court Cites 29 - Cited by 10 - Full Document

Anil Yashwant Karande vs Smt. Mangal Anil Karande on 23 December, 2015


petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights. On 5th
September, 2005, the appellant, his family members were acquitted ... respondent under
section 9 of the Hindu Marriage Act for restitution of conjugal rights and rejected the
Hindu Marriage Petition filed by the appellant inter
Bombay High Court Cites 15 - Cited by 7 - R D Dhanuka - Full Document

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Sabyasachi Mukharji
Alak Chandra Gupta
Hans Raj Khanna
S S Parkar
A S Chandurkar
Bench
Syed Murtaza Fazal Ali
Sabyasachi Mukharji
Alak Chandra Gupta
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Ramesh Deokinandan Dhanuka
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Jagdish Lal vs Smt. Shyama Madan And Ors. on 10 November, 1964


This appeal arises out of a petition for restitution of conjugal rights under Section 9 of the
Hindu Marriage Act. 2. Jagdish Lal petitioner ... accordingly held that the petitioner was not
entitled to restitution of conjugal rights and dismissed the petition. On appeal by the
petitioner the learned Additional
Allahabad High Court Cites 7 - Cited by 7 - Full Document

Mt. Anis Begam And Ors. vs Malik Muhammad Istafa Wali Khan on 25 April,
1933
restitution of conjugal rights. At p. 157 it was observed that: the right of dower may
modify and affect the right of cohabitation cannot ... restitution of conjugalrights. 19. It is
thus clear that the learned Judge was prepared to make the decree
for restitution of conjugal rights conditional upon
Allahabad High Court Cites 7 - Cited by 11 - Full Document

Vijay Kumar Gupta vs Smt.Kiran Bala 45 Fa/116/2003 Vijay ... on 29


November, 2019
learned Court below has allowed wife's application for restitution of conjugal rights under
Section 9 of the Hindu Marriage Act, 1955. 3. Appellant ... inasmuch as during the pendency
of appeal against decree of restitution of conjugal rights, respondent-wife forcibly entered
the house of the appellant where
Chattisgarh High Court Cites 16 - Cited by 9 - Full Document

T. Sareetha vs T. Venkata Subbaiah on 1 July, 1983


Marriage Act (hereinafter referred to as 'the Act) for restitution of conjugal rights with her.
2. Sareetha while studying in a highschool and then ... decree of specific performance
of restitution of conjugal rights. Conjugal rights connote two ideas. (A) "the right which
husband and wife have to each other
Andhra High Court Cites 19 - Cited by 8 - Full Document

Soundarammal vs Sundara Mahalinga, Nadar on 26 September, 1979


filed by the respondent for restitution of conjugal rights and it was ordered on 5-11-1962.
Appellant filed ... compliance of decrees for restitution of conjugal, rights, judicial
separation, wherein there has been no resumption of conjugal rights or cohabitation within
the period contemplated
Madras High Court Cites 24 - Cited by 9 - Full Document

Anil Jayantilal Vyas vs Y. Sudhaben on 11 March, 1977


compliance by a husband of the decree for restitution of conjugal rights obtained by a wife
would per se amount to taking advantage ... City Civil Court at Ahmedabad for a decree
of restitution of conjugal rights under S. 9 of the Hindu Marriage Act, ,1955., The Court
granted
Gujarat High Court Cites 15 - Cited by 7 - Full Document

Captain B.R. Syal vs Smt. Ram Syal on 9 January, 1968


application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and
obtained an ex parte decree on 10th of November ... they may be able to lead conjugal life.
Intrinsically, the plaintiff in proceedings for restitution of conjugal rights is the aggrieved
party who desires
Punjab-Haryana High Court Cites 13 - Cited by 12 - Full Document

Geeta Lakshmi vs G.V.R.K. Sarveswara Rao on 20 August, 1982


wife filed O.P. No. 159 of 1967 for restitution of conjugal rights. The petition was allowed
on merits on 27-10-1971. The order ... decree for conjugal separation against that party: (ix)
has failed to comply with a decree for restitution of conjugal rights for a period
Andhra High Court Cites 9 - Cited by 7 - Full Document

Chaman Lal Chuni Lal vs Smt. Mohinder Devi on 14 November, 1967


under Section 9 of the Act against his wife for restitution of conjugal rights. On 17th of
March 1962, the wife also ... petition were staved and an ex parte decree
for restitution of conjugal rights was granted in favour of the wife on 16th of January
Punjab-Haryana High Court Cites 5 - Cited by 10 - Full Document

Dular Koer vs Dwarka Nath Misser on 7 March, 1905


Munsif in a suit in which the plaintiff claimed restitution of conjugal rights. 2. From the
paper-book it appears that the plaintiff expelled ... sufficient to entitle the wife to resist a
decree for restitution of conjugal rights: but the Subordinate Judge goes on to say that if
cruelty
Calcutta High Court Cites 1 - Cited by 9 - Full Document

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Authors
Sabyasachi Mukharji
Alak Chandra Gupta
Hans Raj Khanna
S S Parkar
A S Chandurkar
Bench
Syed Murtaza Fazal Ali
Sabyasachi Mukharji
Alak Chandra Gupta
Hans Raj Khanna
S S Parkar
Bhushan Pradyumna Dharmadhikari
A S Chandurkar
Ramesh Deokinandan Dhanuka
Prem Shankar Asopa
Palanisamy Sathasivam
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1977
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Reema Bajaj vs Sachin Bajaj on 13 July, 2011


short `the Act of 1955'), for restitution of conjugal rights, the application for amendment
filed under ... application u/s 9 of the Act of 1955 for restitution of conjugal rights in the
month of April,2007 stating therein that his marriage
Rajasthan High Court Cites 24 - Cited by 4 - P S Asopa - Full Document

P.Kalyanasundaram vs K.Paquialatchamy on 10 January, 2003


restoration of conjugal rights. The Court granted a decree
of restitution of conjugal rights; Challenging that, the husband has preferred ... petition
for restitution of conjugal rights has been filed. The respondent's failure to protect
the conjugal rights of the petitioner has compelled
Madras High Court Cites 17 - Cited by 5 - A K Rajan - Full Document

Mrs. Sunita Rajendra Nikalje vs Rajendra Eknath Nikalje on 7 October, 1995


Code. The Respondent filed Petition No. PE/969/89 for restitution of conjugal rights. The
Application filed by the Appellant for maintenance and the petition ... Petitioner. The petition
filed by the Respondent for restitution of conjugal rights was decreed on 20-1-1991. 2.
The Respondent filed Petition
Bombay High Court Cites 18 - Cited by 5 - Full Document

Harvinder Kaur vs Harmander Singh Choudhry on 15 November, 1983


very root of the marriage relationship. The husband petitioned
for restitution of conjugal rights. The wife opposed. The Additional District Judge granted
a decree ... restitution does nothing of the kind. Under section 9 the court has power to
make a decree of restitution of conjugal rights which
Delhi High Court Cites 28 - Cited by 4 - Full Document

Madhukar Bhaskar Sheorey vs Saral Madhukar Sheorey on 7 December,


1971
Laxmichand Ravi Shah , the wife had obtained a decree for restitution of conjugal rights in
a proceeding instituted by her for that relief. Later ... divorce on the ground that there has
been no restitution of conjugal rights for a period of two years or upwards after the
passing
Bombay High Court Cites 13 - Cited by 6 - Full Document

Sm. Mita Gupta vs Prabir Kumar Gupta on 20 June, 1988


wife-appellant and also on the ground of non- restitution of conjugal rights for more than
one year after the passing of a decree ... have obtained the decree for restitution, if in fact
there has been no restitution of conjugal rights for the requisite period after such decree
Calcutta High Court Cites 17 - Cited by 4 - Full Document

Smt. Balwant Kunwar And Ors. vs Addl. Munsiff, Dehra Dun And Anr. on 30
April, 1958
Munsif has jurisdiction to entertain a suit for restitution of conjugal rights where the parties
are Hindus. 2. Ranjit Singh filed suit ... held that he had jurisdiction to try a suit
for restitution of conjugal rights. The defendants are not satisfied with this decision dated
Allahabad High Court Cites 24 - Cited by 5 - Full Document

Rajinder Paul Singh vs Amarjit Kaur on 7 February, 2003


petition under Section 9 of the Act and decree for restitution of conjugal rights was passed
in her favour on 16.1.1988. The respondent never ... allegation of unchastity as was evident
from the decree of restitution of conjugal rights passed in her favour and which also
stands admitted
Punjab-Haryana High Court Cites 12 - Cited by 4 - S S Saron - Full Document

U.Sree vs U.Srinivas on 26 September, 2011


file of Principal Family Court, Chennai praying for restitution of conjugal rights. 3.The
Respondent/Husband has filed ... after scrutinising the same, had resultantly dismissed the
relief of restitution of conjugal rights in F.C.O.P.No.568 of 1997 filed
Madras High Court Cites 41 - Cited by 1 - M Venugopal - Full Document

Sanjeev Vyankatesh Ranade vs Meghna Sanjeev Ranade on 21 July, 2011


with the husband. As a result, she filed petition for restitution of conjugal rights in the year
1998, being ... restitution, apart from sending letter to him for restitution. The wife never
visited him after the decree of restitution of conjugal rights. That shows that
Bombay High Court Cites 12 - Cited by 1 - A M Khanwilkar - Full Document

Gajendra Nath Saha Chowdhury vs Sulochana Chaudhurani And Ors. on 16


August, 1934
been preferred by the plaintiff in a suit for restitution of conjugal rights to which is added a
prayer for injunction restraining the parents ... These cases seem to suggest that in a suit
for restitution of conjugal rights pure and simple a fixed fee is payable. When these cases
Calcutta High Court Cites 15 - Cited by 1 - Full Document

Smt. Maya Devi vs Kailash Chander on 17 December, 2013


grant of relief of restitution of conjugal rights by the Courts makes it clear that decree
for conjugal rights granted under Section ... decree of specific performance
or restitution of conjugal rights. Conjugal rights connote two ideas. (A) "the right which
husband and wife have to each other
Punjab-Haryana High Court Cites 16 - Cited by 1 - P Singh - Full Document

Mrs.Kanchan Sanjay Gujar vs Mr.Sanjay Bhikan Gujar on 17 July, 2009


Petition No.A574 of 1995 seeking the decree of restitution of conjugal rights under
Section 9 of the Act on 29/7/1995 ... thereby granting a decree
of restitution of conjugal rights in favour of the appellant whereas the petition filed by the
husband i.e. Petition
Bombay High Court Cites 28 - Cited by 1 - B H Marlapalle - Full Document

Balbir Singh vs Shanti Devi on 6 January, 1970


husband Balbir Singh (hereinafter called the husband) whose petition
for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955
(hereinafter called ... reasonable cause and, therefore, prayed for a decree
for restitution of conjugal rights. (4) The petition was resisted by the wife on the following
grounds
Delhi High Court Cites 21 - Cited by 2 - Full Document

Atmaram vs Smt. Narbada Devi on 3 March, 1979


judgment dated Aug. 13, 1978 by which a decree for restitution of conjugal rights was
passed in favour of the wife-respondent and against ... these circumstances, it was prayed
that a decree for restitution of conjugal rights be passed in favour of the wife and against
the husband. This
Rajasthan High Court Cites 18 - Cited by 2 - Full Document

Smt. Reena Tuli vs Naveen Tuli on 20 March, 2019


Shri Siddharth Sharma, Advocate Law laid down: ➢ The suit
seeking restitution of conjugal right cannot be dismissed as not maintainable merely on
denial ... restitution is not available, after adducing evidence by the parties, the Court may
pass the judgment granting decree of restitution of conjugal rights
Madhya Pradesh High Court Cites 15 - Cited by 1 - B K Shrivastava - Full Document

M.P.Nalini vs R.Karthikeyan on 11 February, 2013


file of the learned Subordinate Judge, Udhagamandalam,
seeking restitution of conjugal rights. Accordingly, the learned Subordinate Judge, passed
a decree for restitution of conjugal rights ... dismissed the said appeal thereby confirming
the decree for restitution of conjugal rights granted by the trial court. Thus, the said
decree and judgement
Madras High Court Cites 17 - Cited by 1 - Full Document

Prabhat Kumar Chakraborty vs Smt. Papiya Chakraborty on 14 February,


2003
present appellant/husband against the respondent/wife praying
for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. 4. Both the
suits ... relying upon the aforesaid judgment argued that after the decree
for restitution conjugal rights was passed by a competent Court, he took all possible steps
Calcutta High Court Cites 21 - Cited by 1 - A K Ganguly - Full Document

Manilal Harjivandas vs Gangaben Ganeshbhai on 7 April, 1978


able to lead conjugal life. His submission was that the significant feature of a petition
for restitution of conjugal rights is that ... right in not believing her and was right in
coming to the conclusion that appellant did not comply with the decree
of restitution of conjugal
Gujarat High Court Cites 22 - Cited by 2 - A M Ahmadi - Full Document

Smt. Preeti vs Sandeep Asthana on 6 September, 2017


case filed under section 9 of the Act for restitution of conjugal rights by a party can be
permitted to be converted to one having ... Preeti) under section 9 of the Act,
for restitution of conjugal rights, alleging that he had married the appellant-defendant on
25 April 2012 according
Allahabad High Court Cites 18 - Cited by 1 - D Gupta - Full Document

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