Holding that where a wife faces serious cruelty making it unsafe for her to return to her husband, the court can refuse to order her to resume living with him, a bench of Justices Sujit Narayan Prasad and Sanjay Prasad said that the family court must also see whether making the wife live with her husband would be fair and reasonable in the circumstances.
“It has to be borne in mind that the decision in a suit for the restitution of conjugal rights does not entirely depend upon the right of the husband,” the court said on August 7.
The order added that it is a settled position of law that if the wife has suffered serious cruelty that makes it unsafe for her to return to her husband, the court can refuse to order her to go back and live with him.
The court held that if the family court, after a review of the evidence, finds that the Muslim husband has harassed or treated his wife badly, making it unfair or unsafe to force her to live with him, it can refuse to order her to resume living with him.
Even if there is not enough proof that the husband was cruel, the court can refuse to order the wife to live with him if doing so would be unfair or unjust based on the circumstances, it said.
“It is the considered view of this court that in the cases of the present type, more particularly, matrimonial disputes, the family court owes a duty to read something in between the lines to try to understand the root cause of the discord between the parties rather than going by the strict rules of evidence,” the court remarked.
The wife denied the allegations and accused her husband and in-laws of cruelty, physical assault and harassment. She claimed that she had a lawful reason to live separately and also stated that she had obtained Khula through the Qazi-e-Shahar in November 2023.
The family court, however, directed the wife to resume conjugal life with her husband. She challenged that decision before the high court.
Appearing for the petitioner, advocates Prabhat Kumar Sinha and Mayank Mridul submitted that the respondent-husband was having cruel behaviour towards the wife and as such, the wife has not withdrawn herself from the society of the respondent-husband without any reasonable cause.
They alleged that her husband and in-laws subjected her to cruelty and harassment, giving her a lawful reason to live separately. It was further argued that the husband had publicly divorced her and that she subsequently obtained Khula in November 2023.
It held that where the husband’s conduct involves unnecessary harassment or cruelty, making it inequitable to compel the wife to live with him, the court can refuse restitution of conjugal rights.
The court noted that the wife had made serious allegations of cruelty, including physical assault and a deadly attack, and that her complaint resulted in the registration of a criminal case against her husband and in-laws.
“It is equitable proposition of law that in a suit for restitution of conjugal rights by a husband against his wife, if the court after a review of the evidence feels that the circumstances reveal that the husband had been guilty of unnecessary harassment caused to his wife or of such conduct as to make it inequitable for the court to compel his wife to live with him, it will refuse the relief,” it added.
The bench underscored that the wife has alleged a serious act of cruelty against the respondent husband and had particularly stated that the respondent and his family members beat up the appellant badly, attacked her deadly and she somehow saved her life and went to her sister’s house and gave written information to the police station; then a case was registered against the husband and the respondent’s family members.
The court found that the family court had failed to properly appreciate the factual circumstances and evidence and had passed the restitution decree without applying the test of reasonableness.
Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More
