Family Courts Have No Power To Grant Judicial Separation In Plea For Restitution Of Conjugal Rights: Madras High Court

Madras HC bars judicial separation in conjugal rights cases - The Madras High Court has ruled that a Family Court cannot grant a decree of judicial separation when a petition is filed solely for the restitution of conjugal rights. The court clarified that such a relief falls outside the statutory framework of Section 9 of the Hindu Marriage Act, 1955. While a court can grant judicial separation in a divorce petition, it does not possess the same power in a restitution of conjugal rights plea, emphasizing the distinct legal objectives of each type of petition.