Madras High Court: Family Courts Cannot Grant Judicial Separation in Restitution of Conjugal Rights Cases

The Madras High Court ruled that Family Courts cannot grant judicial separation in petitions for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. 

In a case where a husband sought divorce citing cruelty and the wife filed for restitution of conjugal rights, the Family Court had rejected both pleas but granted judicial separation in both matters.

The High Court set aside this decision, stating that judicial separation can only be granted in divorce petitions, not in restitution cases.

Additionally, the Court found that the husband's claims of mental cruelty due to the wife's verbal abuse, baseless complaints, and 14-year separation were substantiated, and thus granted him a divorce.