Did the family court do a right thing? Did the family court do a right thing?

5 years ago

A maintenance CRP case is in proceeding with the family court. The respondent gave a counter that he is ready now to live a happy conjugal life with the petitioner. The petitioner agreed and requested the family court to issue an observation order so that the petitioner can join the respondent in the eyes of justice . The family court who had assured to take care the safety of the petitioner denied the observation period. The family court further said that it is up to the petitioner to join the respondent or not. But the family court cannot issue an observation order. Did the family court judge did a right thing? What should the petitioner do as she is not comfortable to join without an observation order issued by the family court ?

ARPIT BATRA

Responded 5 years ago

A.We can't Judge a Judge.
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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client court did right things as per their discretion.you can not force on court to issue order as per your choice.it decides by fact in issue and relevant fact situations.
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Ravi Bhushan Pd Sinha

Responded 5 years ago

A.It is on the discretion the court to make any observation either suo motto or upon request by the parties. In Your Case it is advisable that you file a case under section 9 of the Hindu Marriage Act for restitution of conjugal life and in that case the family Curt can pass anappropriate order after hearing the parties and the respondent can be asked to join the company of the petitioner after making observation for proper safeguard of the respondent.
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