"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband

"It needs no mention that institution of marriage is a pious institution with solemnity attached to it. Husband and wife both are expected to live together with sense of adjustment and co-existence. By virtue of marriage, two individuals after marriage acquire a recognized status. It is the duty of the couple to maintain that status with utmost sense of mutual trust and faith," observed the Madhya Pradesh High Court recently.

The observation was made by Justice Rohit Arya and Justice Milind Ramesh Phadke while dealing with an appeal filed by Wife against the decree for Restitution of Conjugal Rights (RCR) awarded in favour of her husband.

However, during the course of the hearing, she expressed her willingness to live with her husband and said that she does not intend to pursue the instant appeal. The husband also assured the Court that if she lives with him, he shall maintain her with full dignity and grace ensuring a comfortable and respectful living within the means available with him.

In view of the compromise between the husband and the wife, the court, at the outset, appreciated the gesture of respondent-husband towards his wife-appellant and further, upheld the impugned order and decree passed by First Additional District Judge, Dabra, District Gwalior.

However, before parting with the case, the Court did underscore that the Husband and wife both are expected to live together with sense of adjustment and co-existence and that it is the duty of the couple to maintain that status with utmost sense of mutual trust and faith.

The case in brief

Essentially, the Couple had solemnized marriage in April 2015, but they started living separately after few days of marriage since May 2015. Thereafter, the respondent-husband approached the Court of First Additional District Judge, Dabra, District Gwalior for restitution of conjugal rights by filing a petition under Section 9 of Hindu Marriage Act, 1955 in may 2018.

Looking to his bona fides, a decree had been awarded. Challenging that very decree, the wife had moved the High Court.

Case title - DIMPLE@RANI RAWAT v. ASHOK RAWAT [FIRST APPEAL No. 728 of 2021]

Citation: Citation: 2022 LiveLaw (MP) 172

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