Order of maintenance passed in favour of wife cannot be set aside if she is not ready to comply decree for RCR passed against her

Vimal Kumar Verma Vs Kavita Verma and Ors

Allahabad HC

07/02/2018

2018 (105) ACC 394; Crl. Rev. No. 325 of 2018

About/from the judgment:

Fact remains that the husband Saranan Banerjee had, obtained a decree under Section 9 of the Hindu Marriage Act for restitution of conjugal rights as against Aparna Banerjee and in spite of conciliation and efforts she is not inclined to live with her husband on the plea that a case for the offence under Section 498A, I.P.C. was pending against the husband on the allegation of torture, misbehaviour, demand of dowry and many other allegations and for such reason she is apprehensive at the hands of her husband Saranan Banerjee. The judgment passed and decree prepared under Section 9 of the Hindu Marriage Act for restitution of conjugal rights is decreed, which cannot be executed by force. I am, therefore, of the opinion that the maintenance amount awarded to the wife Aparna Banerjee and her daughter cannot be sweeped and set aside only on the ground that she was not inclined to abide by the decree of the restitution of conjugal rights prepared against her.

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