AIR 2006 HIMACHAL PRADESH 33 ::2006 (4) All LJ NOC 716 ::2006 (4) ALJ 716 ::2006 (2) AJHAR (NOC) 609 (HP) ::2006 (3) AKAR (NOC) 396 (HP) ::2006 AIHC NOC 200 ::(2006) 2 MarriLJ 114 ::(2006) 1 HinduLR 400 ::(2006) MatLR 418 ::(2005) 3 Sim LC 42 ::(2006) 1 DMC 92

Himachal Pradesh High Court

Hon'ble Judge(s): Deepak Gupta , J

Hindu Marriage Act (25 of 1955) , S.9, S.13(1)(b)— Restitution of conjugal rights - Petition for - In same petition alternative relief of divorce - Cannot be claimed - More so when husband clearly admitted that he had condoned alleged acts of cruelty and was willing to keep his wife with him. The two prayers for restitution of conjugal rights and for a decree of divorce are two dismetrically opposite prayers, and, therefore, cannot be made together. These prayers are mutually destructive of each other. The purpose of restitution of conjugal rights is that the Court should intervene in a matter and because one party may have deserted the other, direct it to join the company of the spouse. It is obvious that such an order is to be passed so that the matrimonial home is saved and the married couple can live together. It is true that in case after decree for restitution of conjugal rights is passed and is not complied with by the spouse for a period of one year or more after the passing of decree it gives a right to the other spouse to claim divorce. However, in the same petition, it would not be reasonable that both the prayers for restitution of conjugal rights and decree for divorce can be made. In the instant case the husband has filed a joint @page-HP34 petition. the petition for condonation of restitution of conjugal rights ob....