Bengaluru: The Karnataka High Court has held that merely issuing a legal notice by a husband does not amount to compliance with or enforcement of a decree for restitution of conjugal rights. This observation was made in a recent judgment while dismissing a petition filed by a man from Bantwal taluk, Dakshina Kannada district.
Background of the Case
The couple got married in January 2017. However, the wife filed a petition seeking divorce, alleging cruelty. In response, the husband filed a counterclaim seeking restitution of conjugal rights. The wife also filed an application seeking interim maintenance, and the family court at Mangaluru awarded her Rs 15,000 per month on September 15, 2020. Later, the application filed by the husband was favoured, and the petition filed by the wife seeking divorce was dismissed. The husband was directed to pay Rs 15,000 as interim maintenance until he takes back his wife.
Execution Proceedings
In the meantime, the wife moved the family court seeking execution of the order directing the husband to pay interim maintenance. On November 21, 2024, a decree was passed in her favour. The husband challenged this before the high court, claiming that the wife failed to join him in terms of the order passed by the family court and that he had issued a legal notice to her in this regard. He further claimed that he paid Rs 6 lakh as arrears of maintenance.
High Court's Observations
After perusing the materials on record, Justice K Manmadha Rao noted that the husband failed to submit any acknowledgement for having paid Rs 6 lakh. The judge pointed out that the wife stated she received only Rs 4.5 lakh and that the husband did not pay for the period from November 2019 to February 2022 and also failed to take steps in pursuance of the restitution of conjugal rights.
“The obligation is clear and continues until cohabitation is resumed, the husband is required to pay maintenance. The contention of the petitioner that the respondent refused to join matrimonial life cannot, by itself, absolve him of the liability under the decree. If the petitioner was genuinely interested in enforcing restitution of conjugal rights, it was incumbent upon him to initiate appropriate execution proceedings for enforcement of that decree. Mere issuance of a legal notice does not amount to compliance with or enforcement of a decree for restitution of conjugal rights,” Justice Rao observed.
Order
The husband has been directed to clear the arrears of maintenance payable to the wife.
