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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA
Helan Janani – Appellant
Versus
Arunkumar – Respondent
JUDGMENT :
G.R. SWAMINATHAN, J.
1. This appeal is directed against the order dated 07.06.2022 made in D.O.P.No.115 of 2021 on the file of the Court of Family Judge, Tirunelveli.
2. Arunkumar respondent herein filed the said D.O.P. seeking restitution of conjugal rights under Section 32 of the DIVORCE ACT , 1869. By the impugned order, the Court below allowed the petition and granted the relief of restitution of conjugal rights in favour of the husband / Arunkumar. The appellant was directed to live along with her husband in his matrimonial home at Chennai.
3. Questioning the same, wife filed this appeal.
4. The appellant Helan Janani and the respondent D.Arunkumar got married as per the Christian rites and customs on 30.06.2014. Arunkumar was then employed in USA. A male child was born on 15.03.2015. Arunkumar took both the appellant and the child to USA. Since the child was suffering from mild Autism, the parties decided to come down to India and settle at Chennai. Unfortunately, differences arose between the appellant and the respondent and the appellant left the matrimonial home sometime in 2019. The respondent filed G.W.O.P.No.81 of 2020 seeking custody of the child. He also filed
Restitution of conjugal rights requires a clear finding that one spouse withdrew without reasonable excuse; the burden of proof lies with the petitioner.
The appeal for Restitution of Conjugal Rights was dismissed due to the husband's failure to demonstrate genuine efforts to maintain marital relationships and care for his wife and child.
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
(1) Decision in a suit for restitution of conjugal rights does not entirely depend upon right of husband.(2) Restitution in favour of husband if, on evidence, it feels that circumstances are such tha....
The court affirmed that substantiated evidence is crucial for claims of cruelty or adultery in marital disputes, ruling that unjustified abandonment entitled the wife to restitution of conjugal right....
The burden of proof in restitution of conjugal rights lies with the withdrawing spouse to show reasonable cause for separation; the court affirms joint responsibility in marriage.
The right to restitution of conjugal rights under the Special Marriage Act is contingent upon proving a spouse's withdrawal from marital society without reasonable cause, weighing the evidence of ill....
Restitution decree under Section 9 HMA denied as wife failed to prove husband's withdrawal without reasonable excuse; acquittal in cruelty case and unreliable evidence establish justification.
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