Family Courts Cannot Grant Judicial Separation When Petition Is Only For Restitution Of Conjugal Rights: Madras High Court
The Madras High Court has clarified that Family Courts have no power under the Hindu Marriage Act, 1955, to grant a decree of judicial separation in a case where the original plea was for restitution of conjugal rights. The Court stated that such power is available only in a petition for divorce and not in petitions seeking restoration of marital cohabitation. Background: Family Court passed judicial separation in both pleas…
