Appeal against decree for restitution of conjugal rights dismissed. Court upheld trial court finding that respondent willing to reside, appellant unwilling due to his conduct, and mediation failed making cohabitation impossible.
Appeal dismissed; decree for restitution of conjugal rights upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FAM No. 150 of 2015
---- Petitioner
Versus
---- Respondent
For Appellant Mr. Qamrul Aziz, Advocate For Respondent Nr. VK Pandey, Advocate
Hon'ble Mr. Justice Prashant Kumar Mishra &
Hon'ble Mrs. Justice Vimla Singh Kapoor
Order on Board by
Prashant Kumar Mishra, J.
17/1/2019
2
maintenance.
| Sd/- | Sd/- |
|---|---|
| (Prashant Kumar Mishra) |
(Vimla Singh Kapoor) |
| Judge | Judge |
Shyna
3 issues framed by the court
Whether the High Court can interfere with the impugned decree for restitution of conjugal rights when the appellant is undecided to allow the respondent to live in marital home.
Whether maintenance application under Section 125 CrPC is maintainable during pending proceedings for divorce and restitution of conjugal rights.
Whether mediation efforts exhausted before granting interference with restitution decree.
1 provisions across 1 enactments
Sunil Yadav
Uдата Yadav
Prashant Kumar Mishra
Vimla Singh Kapoor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
