What is Section 23 of Hindu Marriage Act?
Section 23 in The Hindu Marriage Act, 1955. (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
What is Section 23 A?
Section 23 of the Indian Contract Act, 1872 – What considerations and objects are lawful and what not The consideration or object of an agreement is lawful, unless- It is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies …
What do you mean by restitution of conjugal rights?
A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. But the execution of the decree of restitution of conjugal rights is very difficult.
Who can marry under Hindu Marriage?
As per Section 2 of Hindu Marriage Act, 1955, marriage amongst Hindus in any form irrespective of caste or creed or amongst any person who is bound under Hindu Marriage Act, 1955 like Buddhists, Sikhs, Jains and so called Hindus is a Hindu Marriage.
What is a Rule 43 application?
What is a Rule 43 Application? A Rule 43 Application in the High Court provides for urgent interim relief. Contested divorce proceedings are not only an emotional time but can also take years to be finalised. A Rule 58 Application applies to similar cases in the Regional Court.
Can husband file restitution of conjugal rights?
Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …
Can court force wife to stay with husband?
1. No court can compel either husband or wife to live with his/her spouse. You have every right to stay separately from him.
