The Jharkhand High Court has overturned a family court order that directed a 27-year-old woman to return to her husband, ruling that a spouse cannot be forced to resume matrimonial life at the expense of her dignity and mental well-being following harassment and dowry demands.
A division bench comprising Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava, in an order passed on September 23, held that the woman had reasonable grounds to live apart from her husband after evidence showed repeated demands for Rs 10 lakh in dowry and mistreatment during her pregnancy. The ruling set aside a September 2022 decree of restitution of conjugal rights previously granted in favour of the husband.
Assessment Of Matrimonial Dignity And Rights
The bench observed that while conjugal rights are not merely statutory creations but are inherent to the institution of marriage, family courts bear a primary responsibility to evaluate whether an individual can live with their partner peacefully and with self-respect.
The judges noted that when a spouse demonstrates through evidence that cohabitation is impossible without suffering mental torture and compromised dignity, courts cannot mandate a reunion. The high court further stated that irrespective of physical violence or assault, any marital circumstances that deny a woman the ability to live with dignity entitle her to reside separately and seek maintenance.
Marital Background And Allegations Of Cruelty
The Christian couple married in 2018 and lived together for three months before marital disputes arose. According to the husband, the woman began quarrelling, expressed an unwillingness to reside with him, and insisted on staying at her parental home before leaving the matrimonial residence in August 2019 while five months pregnant. She subsequently gave birth to a daughter in December 2019.
The woman presented a contrasting account, asserting that she faced persistent dowry harassment of Rs 10 lakh and mental torture shortly after the wedding. She submitted that these pressures forced her out of the home during her pregnancy, leading her to file cruelty complaints alongside reports of abusive and threatening electronic communications from the husband.
High Court Finds Flaws In Family Court Ruling
Addressing the initial family court decision from September 2022, the high court determined that the lower court had focused narrowly on the husband’s assertions while incorrectly finding that the wife had failed to prove the dowry claims. The bench held that the lower court had overlooked material depositions establishing abandonment, financial demands, and ill-treatment during pregnancy.
Taking into account that the couple had lived separately since 2019, the high court concluded that compelling the resumption of married life was neither feasible nor legally sound.
The woman was represented by advocate Mukesh Kumar, while advocate Sarweshwari Kumari appeared on behalf of the husband.
