1. to say that the execution of the decree

1.      The forced sexual union is most painful hampers the development of
wife’s personality. It has rightly pointed outs and been “Nothing can
conceivably be more degrading to human dignity and monstrous to human spirit
then to subject a person by the long arm of the law to a positive sex
act.”1.The
sexual intercourse involves not only the activities of the bodies but
participation of mind also. The researches of Dr. George Solomon of University
of California reveals that “mind and body are inseparable and that
“the brain influences all sorts of psychological processes that were once
though not to be centrally regulated”. Thus, the coercive act of the
state, leading to cohabitation and sexual intercourse against the wishes of the
parties,, must be regarded as a great constraint and torture imposed on the  mind of the unwilling spouse. Thus, it has
been rightly pointed outs the life of a man and woman which the sovereign can
commanderer through the coercive power of the state for performing an unwilling
act of sexual cohabitation cannot but be regarded as that of a human beast,
drained of all spirituality” 2
. Also  The US Supreme Court in   Eisenstadt v Baird
3
“the marital couple is not an independent entity with a mind and a heart of it
own, but an association of two individuals each with a separate intellectual
and emotional makeup. If the right of privacy means anything, it is the
right of the individual married or single, to be free from unwarranted
governmental intrusion into matters so fundamentally affecting a person.”

Hence it is right to say that the execution of the decree has graver
implications for the wife. The act of forced sex is not less potent then an act
of consensual sex in producing pregnancy and procreating offspring. Thus, the
execution of the decree makes serious in roads into the right to privacy,
Further the decree does not serve any direct or remote state interest, The
physically and mentally separated spouses can’t be united by the decree of the
court the marital union can neither be preserved nor prolonged simply by
passing the decree of court. The decree can’t heal the wounds of the spouses.
And also it is observed  In Bai
Jiva v. Narsingh Lalbhai4
that  –

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“Hindu
law itself, even while it lays down the duty of the wife of implicit obedience
and return to her husband, has laid down no such sanction or procedure, as
compulsion by the courts to force her to return against her will”

1 Supra note 7

2 Ibid

3 US 438, 31 L Ed 2d 349,

4 AIR 1927 Bom 264