Marriage imposes an obligation on both spouses with each other. The necessary implication of marriage is that parties will live together. But suppose, one party refuses to live with the other, can the latter by a legal process, compel the former to live with him? The restitution of conjugal rights means that if one of the parties of marriage withdraws from the society of the other, the latter is entitled to compel the former to live with him. Thus, it is a positive relief. This remedy of restitution of conjugal rights is aimed at preserving the marriage and not at disrupting it as in the case of divorce or judicial separation.
The foundation of a right to bring a suit for restitution of conjugal rights is the fundamental rule of matrimonial law that one spouse is entitled to the society and comfort consortium of the other spouse.
Restitution of conjugal rights- When either the husband or the wife has,without reasonable excuse,withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the courts, on being satisfied of the truth of the statements made in such petition and there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
The term conjugal rights means matrimonial rights i.e. the rights of the parties to society and comfort of each other . Thus the term include enjoyment of association, sympathy, confidence, comforts of dwelling together, intimacies of domestic relations, etc.
The word society means companionship, cohabitation i.e. consortium (living together as husband and wife). The words withdrawal from the society of other means withdrawal from the totality of conjugal relationship, such as refusal to stay together, refusal to have marital intercourse and refusal to give company and comfort. For instance, when a husband dumped his wife in his fathers house and thereafter showed totally unresponsive attitude towards her, it amounted to withdrawal from the society on the husbands part.
In withdrawal from the society, there is an element of desertion. If it is established that the respondent has deserted the petitioner, it will obviously,amount to withdrawal from the society. However, it can be less than legal desertion. It is a total repudiation of cohabitation. That is why, for a couple which is sharing the same household, rejection by one of the physical relationship coupled with difficulties of normal affection does not amount to withdrawal from the society.
In Jackson Vs. Jackson , the Court held , The court cannot enforce sexual intercourse, but only cohabitation, and restitution of conjugal rights cannot be ordered where the respondent refuses sexual intercourse but continues to cohabit with the petitioner.
A petition for restitution of conjugal rights will fail, even if it is established that the respondent has withdrawn from the society of the petitioner, where there is a reasonable excuse for doing so. It will amount to reasonable excuse:
(1) If there exists a ground on which, the respondent can claim any matrimonial relief. Thus if petitioner is guilty of cruelty or is an impotent, the petition will fail.
(2) If the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him. However, the reason should be grave and weighty .
Explanation to sec.9 means two things: (1) The initial burden to prove that the respondent has withdrawn from the society of the petitioner is on the petitioner, and (2) Once that burden is discharged it is for the respondent to prove that there exists a reasonable excuse for the withdrawal.
Non-compliance of the decree of restitution of conjugal rights by one spouse enables the other spouse to obtain a decree of divorce after the lapse of one year. Thus, this decree is used as a device to obtain divorce because grounds of divorce were not available to him or her.
Thus, there must be a bona fide desire to resume cohabitation (e.g. husband sincere to bring wife back) and a petitioner who is sincere is entitled to decree even though parties may not have any affection for each other. In Sushil Kumar Dang Vs. Prem Kumar Dang (AIR Del. ), the allegations by the husband that wife had an intimacy with another person was held to be a reasonable excuse for the wife to leave the matrimonial home. After decree of Restitution of Conjugal rights, husband soon started proceedings for judicial separation without waiting for the wife to return. The court observed: Matrimonial law ought not be made the pawn for selfish gains unconnected with matrimonial home in the hands of one spouse to the detriment of the other .
In order to succeed in a petition for restitution of conjugal rights it is necessary that the husband or wife must be sincere. A decree for restitution may be refused if the court finds that the petition is not presented bona fide and that there is an ulterior motive other than the sincere desire for a resumption of cohabitation. The petitioner must show that he is sincere i.e., that he has a bona fide desire to resume matrimonial cohabitation and to render the rights and duties of such cohabitation, and a petitioner who is sincere in that sense is entitled to a decree even though the parties may not have any affection for each other.
If the judge is satisfied that the object is not to live together but to attain some other ulterior purpose he might refuse the husband the assistance of the court and call for the strong arm of the law to force his wife under pain of imprisonment to resume cohabitation. In Smt. Gurdev Kaur v. Swaran Singh, Justice Grover said: The Court would refuse to order restitution where it has become a practical impossibility for the parties to live together. In a case for restitution of conjugal rights as in any other case the court has to see the conduct of the parties and their attitude of mind. In Gollins v. Gollins, , Lord Reid said: A judge does, and must try to read the minds of the parties in order to evaluate their conduct.
The remedy of restitution is not to be treated as a fiction. It is as a reality, as an opportunity for the parties to allow their passions to cool down and return to the conjugal fold and rebuild the broken home, if they can.
If you want to make it easy for folks to invite people to meeting or church, get some invitation cards. Business cards are the right size because theyre made to fit in your wallet. Weve all got some way to carry something that size.
Theyre also pretty cheap. My meeting got made up (color on front, black & white on back) for about $20 using a VistaPrint coupon.
If your meeting is the only one in the area, what goes on your invitation cards is pretty straightforward:
But what about if youre in a city with many meetings? Here in the Washington, DC metro area weve got a half dozen meetings. The people you run into walking around town might live on the other side of town from you. In that case, inviting them to your meeting wont make so much sense.
Several meetings here had cards made up that say DC area Quakers? in a speech bubble (since we have Quakers in this city? is a reaction with which many of us are familiar) on the front. It gives the name, street address, and web address of the meeting to which the person carrying it belongs. Theres also a web address for a page that lists all the meetings within a 45 minute drive. Then, on the back, 5 more meetings are listed, by neighborhood or part of town, not necessarily by name. Their web addresses and street addresses are given too. At the bottom, it says come, seek the Spirit with us and casual dress.
Let me tell you a story. I am a white woman. In , over Thanksgiving weekend, my family went with some friends of ours to their church. It was a Black church. If youve ever been the only person of a given race in an otherwise racially homogenous church, you know that when the question do we have any visitors? comes up, all eyes turn to you.
Well, I asked my brother if hed like to try out Quaker church when I came home to visit at Christmas. Id only been to meeting a few times. He immediately exclaimed I cant go to a Quaker church!
I was confused. Why not?
I dont have Quaker clothes. Ill stick out worse than we did at the Black church!
I eventually convinced him that he was thinking of Mennonites. However, this does illustrate that when most people think of Quakers, they think of the man on the oatmeal canister or of Old Order Mennonites and Amish.
Even if they dont have that association, they might be accustomed to getting all dressed up in (ahem) Sunday go to meeting clothes when the words Sunday and worship get together.
In either case, its helpful to let them know on your invitation cards what style of dress will make them feel the least out of place.
What can you do to make your invitation cards more memorable? If youre willing to spend a little extra, you can get some different shapes. VistaPrint offers rounded corners. Others do too. Church Ink has folded business cards. Theyre like teensy greeting cards!
Sometimes youll see circular or square ones too, but often theyre larger than wallet-friendly. A standard business card in the US is 2 inches by inches. Keep that in mind.
If your meeting/church has invitation cards, can we have a photo? Lets build up a gallery of examples here.
Dublin, Ohio may be one of the less-known cities in the USA, but its certainly a city that will instantly capture your heart. Once you step foot in Dublin, you will never again be able to imagine living in another place. But what is so special about this charming city that makes people pack their bags and move in the spur of the moment? If you are contemplating a move to Dublin, you are certainly in good company. From top-notch neighborhoods to favorable real estate prices, this city has it all. Following is a short list of reasons why a person would consider making Dublin their home. And these entries are just the tip of the iceberg.
Dublin is a city that has a population of 43, according to the latest census. Of course, with a raised interest in this area, that number is bound to rise soon enough, but thats a story for some other time. What is important right now, however, is the fact that its precisely the closeness among people that makes individuals move to Dublin. Whether you are relocating to Ohio from another state or you are moving from a city close-by, there is no doubt you will love the neighborly relations here. This is a place where people care about each other and dont just nod when passing by. Expect your neighbors to be there for you when you need them the most.
If you have a family or are on the verge of starting one, you will want to consider making Dublin your home. The city is perfect for families with kids, as it offers world-class education in schools where diversity thrives. And, considering the fact that there is only % of residents who are 65 and over, Dublin can be considered as a young and vivacious city. Such a city creates the perfect atmosphere for family life, dont you think?
We live a fast-paced life. Oftentimes, people have no time to stop and enjoy the view. But that all changes in Dublin, Ohio. The city is known for its acres of green space which have a soothing effect on your overall wellbeing. Young or old, man or woman, you cant deny that being close to nature feels like a big change, one that you could get used to. There are plenty of parks, bike paths and recreational activities out in the open which will ensure that your health stays intact after moving here. In fact, this is precisely the main reason why Dublin is one of the best places to retire in the USA it offers its elderly residents a chance to stay active and in tune with nature. Whether you want to take a morning stroll before going to work or you wish to have a picnic on a Sunday afternoon, Dublin will be able to cater to all of your needs.
The plague of modern society is the fact that we have to spend hours stuck in traffic and thats on a daily basis. What people who move to Dublin soon realize is that here, you dont have to spend more than 23 minutes of commute time. With percent of people driving to their jobs/schools, Dublin paints a pretty picture of a city where the streets are not overcrowded. Less time spent in commute equals more time spent with family members doing the things you like. When people get to a certain age, they realize that nothing is worth sacrificing their free time, certainly not waiting impatiently in your car while the traffic clears up. Luckily, in Dublin, you don’t have to – your free time is at your disposal to do with it as you like.
So far, we have presented Dublin as a family-friendly and close-knit city. And it truly is all of that. Contrary to what you may believe, Dublin is not a city where you will be bored. There are plenty of entertainment options for people of all ages coffee shops, live music venues, restaurants, and boutiques all grace the streets of this city. If you are feeling worried that you wont have anything to do on a Saturday night after moving to Dublin, dont be. Considering the fact that the median age in Dublin is 39, and that there are plenty of places where you can have fun, this city will always make sure you have a good time.
The last, but certainly not the least of the reasons why people move to Dublin is its economy. Its one of the major factors that will make you move to a certain place or steer clear of it. Dublin belongs to the former category. To give you an idea of just how affordable Dublin is, take a look at the following two facts:
We are sure you can draw your own conclusion from that. But, if you cant, let us steer you in the right direction. Even if you are a 1st time home buyer, affording a more than a decent home is a viable option in Dublin. Its residents lead a good life and they dont deny it. If you too want to make a significant change, then you know what to do. Make Dublin your home and improve your quality of life.
Having in mind that the real estate in Dublin, Ohio is as affordable as it is, there are no reasons to postpone your move to Dublin anymore. Take a leap of faith and trust that you are making a positive change. Besides, when you take into consideration our list of reasons for moving to Dublin which was based on facts, you will realize you are not taking a risk. Dublin is as safe as it gets!
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Kyle Alfriend has been selling and marketing homes for over 20 years, successfully selling and buying homes in a variety of market conditions. He has sold over 1, homes, totaling over $ million in homes sales. In Dublin, he has sold more homes that anyone ever. He has represented the areas largest builders, built his own homes, and owns and manages several investment properties. He has been awarded the "Top 10 M.A.M.E. Award (Major Achievements in Marketing Excellence) by the building and Realtor associations every year since He believes that everyone deserves the very best in knowledge, experience, and integrity when buying or selling their home. The Alfriend Group was started 5 years ago as a real estate team of professionals, specializing in buying/selling homes, property management, and real estate investments. For more information, call us today at () View all posts by The Alfriend Group →
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