Family Courts Can’t Grant Judicial Separation in RCR Pleas": Madras High Court Clarifies Legal Boundaries.
In a judgment that clarifies a significant grey area in Indian matrimonial law, the Madras High Court recently ruled that Family Courts do not have the authority to grant judicial separation in cases where the petitioner has specifically filed for Restitution of Conjugal Rights (RCR) . The court made it clear: judicial separation and restitution are two distinct remedies , and courts cannot intermix them based on their discretion. What the Case Was About The matter came before the High Court after a spouse filed a petition for restitution of conjugal rights , essentially asking the court to direct their partner to resume cohabitation. However, instead of granting or denying this request, the Family Court passed a decree of judicial separation — something that neither party had asked for. Understandably aggrieved, the petitioner moved to the High Court challenging the Family Court's decision. High Court's Observations The Madras High Court bench , while se...