The observation was made by Justice Rohit Arya and Justice Milind Ramesh Phadke while dealing with an appeal filed by Wife against the decree for Restitution of Conjugal Rights (RCR) awarded in favour of her husband.

The Couple had got married in April 2015, but they started living separately after few days of marriage since May 2015. Thereafter, in May 2018, the respondent-husband approached the Court of First Additional District Judge, Dabra, Gwalior for restitution of conjugal rights by filing a petition under Section 9 of Hindu Marriage Act, 1955.

Looking to his bona fides, a decree had been awarded by the court. Challenging that very decree, the wife had moved the High Court.

However, during the course of the hearing, she expressed her willingness to live with her husband and said that she does not intend to pursue the instant appeal. The husband also assured the Court that if she lives with him, he shall maintain her with full dignity and grace ensuring a comfortable and respectful living within the means available with him.

The court, at the outset, appreciated the gesture of respondent-husband towards his wife-appellant and further, upheld the impugned order and decree passed by First Additional District Judge, Dabra, District Gwalior.

Case title – DIMPLE@RANI RAWAT v. ASHOK RAWAT [FIRST APPEAL No. 728 of 2021]