Landmark Judgment on Restitution of Conjugal Rights by Chhattisgarh High Court

Image of a Judge Hammer and a name board of Family Court. Text overlay says "Landmark Judgment on Restitution of Conjugal Rights"

In a significant ruling, the Chhattisgarh High Court delivered a landmark judgment on restitution of conjugal rights on 9th of February, 2024. The judgment, a result of the appeal filed by the wife against the Family Court’s decision, brings attention to the complexities surrounding marital disputes and the legal principles governing such matters.

Background of the Case

The case, identified as FAM No. 264 of 2019, involves the appellant-wife, and respondent-husband . The respondent-husband had initially filed a civil suit under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights. The Family Court had ruled in favor of the husband, decreeing the suit, while dismissing the wife’s counterclaim for divorce.

Allegations and Counter-Allegations

The husband alleged that after the marriage in 2006, issues arose between the couple due to interference from the wife’s family, leading to her leaving the matrimonial home in 2013. The wife, in her counterclaim, accused the husband of cruelty, including physical assault and gambling habits, which led her to leave the marital home.

Court's Analysis

The High Court carefully analyzed the evidence presented by both parties. The husband presented witnesses corroborating his version of events, while the wife and her mother contested the allegations. The Court observed that while disputes were evident, they were of a trivial nature, and the wife’s departure from the matrimonial home was instigated by her mother.

Legal Perspective

The Court emphasized that cruelty in marital relationships, for legal purposes, should extend beyond ordinary wear and tear of family life. It highlighted the need for substantial evidence to establish mental or physical cruelty.

Decision and Implications

The High Court upheld the Family Court’s decision, stating that the wife failed to substantiate her allegations, and the husband had proven his case for restitution of conjugal rights. This landmark judgment on restitution of conjugal rights sets a precedent by reiterating the importance of concrete evidence in matrimonial disputes.

Download Judgment

Click above to download this Judgment in the case titled FAM No. 264 of 2019. It can serve as a valuable resource for legal reference.

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