High Court Reverses Family Court’s Divorce Decree: Restitution of Conjugal Rights Granted, Respondent Directed to Join the Company of the Appellant

In a landmark judgment dated November 3, 2023, the High Court set aside a previous ruling by the Family Court which granted a divorce decree on grounds of cruelty and desertion. The High Court’s decision came after a detailed examination of the evidence presented, which they found insufficient to support the allegations made by the respondent husband.

The bench, comprising Hon’ble Sri Justice K. Lakshman and Hon’ble Smt. Justice K. Sujana, emphasized the significance of family and the conjugal rights of the parties involved. The court observed, “The marriage between the parties has become unworkable, and the proper and logical step forward is to formalize such deep schism of hearts by dissolution of their marriage to enable each of them to start afresh in life.” However, upon scrutiny, the justices found that these assertions were not supported by solid evidence and that the Family Court’s conclusions were based on assumptions rather than facts.

During the trial, the appellant wife’s readiness to join her husband in the USA and her forced resignation from her job after the marriage were points that the Family Court had overlooked. The High Court took a different stance, recognizing the wife’s willingness to reconcile as a crucial factor in the case.

The High Court also criticized the procedural conduct of the respondent’s father, who was a judicial officer, for the manner in which the divorce petition was filed. The court’s decision underscored the importance of adhering to judicial propriety and fairness in legal proceedings.

The High Court’s ruling has directed the respondent husband to join the company of the appellant wife within one month from the receipt of the court order, thus granting the wife’s petition for restitution of conjugal rights.

Legal experts note that this judgment has reiterated the legal system’s commitment to uphold the sanctity of marriage and the importance of providing substantial evidence when claiming grievances such as cruelty and desertion.

Representing the appellant wife, Mr. Kowturu Pavan Kumar expressed satisfaction with the High Court’s decision, stating that justice had been served. On the other hand, Mr. Vedula Srinivas, representing the respondent husband, has yet to make a public comment on the outcome.

This ruling is expected to have significant implications for Family Law jurisprudence and serves as a precedent for future cases involving marital disputes.

Date of Decision: 03.11.2023

 K_Anurupa_Hyd_ VS K_Rama_Krishna