SHAILENDRA KOSHTI Vs. KAVITA KOSHTI

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner as against an order passed by the Family Court, Jabalpur refusing to execute the decree for restitution of conjugal right.

(2.) Petitioner Shri Shailendra Koshti has filed an application under Section 9 of Hindu Marriage Act before the Family Court, Jaipur, Rajasthan in which an ex parte order was passed ordering the restitution of conjugal rights as against the respondents. Decree was sought to be executed at Jabalpur as against the property of the respondents. The Family Court, Jaipur has transferred the decree for execution under Order 21 Rule 6 of CPC.

(3.) Reply was filed by respondent wife Smt. Kavita Koshti contending that restitution case was filed in order to create the pressure. She has filed a case under Section 498 A of IPC as against petitioner, his parents and brother, which is pending at the Jabalpur Court in which the prosecution case is already over. Case is at the final hearing stage. In that case on being found guilty, there is likelihood of conviction being recorded. In order to put pressure, execution of decree of restitution of conjugal rights has been sought. An application under Section 13 of Hindu Marriage Act is also pending consideration for divorce. Case under Section 306 of IPC was also pending. Case has also been filed by the petitioner as against respondent/wife for commission of offence under Section 420, 467 and 468 of IPC, which was also pending. Considering the background of aforesaid criminal cases, it was prayed that there is sufficient cause not to live together, hence execution be declined.