Delhi High Court held that estranged couple by an order directing restitution of conjugal rights, which can “at the most” force them to live together, can not be forced to have a Sexual intercourse.
Bench clarified that restitution of conjugal rights continuously for a year, then such an order becomes a “stepping stone and passage towards divorce”.
“The legal position is that on passing of a decree for restitution of conjugal rights at the most it can be said that the law enforces cohabitation but it does not and cannot enforce sexual intercourse,” the court said.