Jharkhand News : The Jharkhand High Court has ruled that a wife cannot be compelled to live with her husband if he is accused of mental and physical cruelty. Setting aside an earlier family court order, the High Court made it clear that forcing cohabitation in such circumstances is neither just nor legally appropriate.
The ruling was delivered by a division bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai. The court quashed the order passed by the Dhanbad Family Court on May 10, 2024, and allowed the wife’s appeal.
The High Court observed that when spouses have been living separately for a long period, directing them to resume marital relations through coercion defeats the very purpose of justice—especially when serious allegations of abuse are involved.
Earlier, the Dhanbad Family Court had directed the wife, Niharika Kumari (name changed), to live with her husband Ramesh Kumar (name changed) under Section 9 of the Hindu Marriage Act, which deals with restitution of conjugal rights. Challenging this order, the wife approached the Jharkhand High Court.
In her petition, the wife alleged that she was subjected to physical assault and mental harassment by her husband and in-laws over dowry demands. She also claimed that false information regarding her husband’s employment was provided at the time of marriage. The petitioner informed the court that she had been living separately since 2018 and that criminal cases, including under Section 498A of the IPC, had already been registered.
The High Court noted that the family court failed to conduct a holistic evaluation of the evidence and relied selectively on certain statements while passing its order. The bench emphasized that if a woman is unable to live with her husband with dignity and self-respect, she cannot be forced to do so.
The court further clarified that the objective of restitution of conjugal rights is to preserve marriage, not to compel one party to endure cruelty or harassment in the name of marital harmony.
