Family Court restraint order quashed by Telangana High Court over absence of medical proof

The Telangana High Court set aside a Family Court order restraining a wife from approaching her husband, citing lack of medical evidence. The Bench held that serious findings like mental illness require credible proof and cannot be based on allegations alone

By Legal Correspondent

Hyderabad: A Division Bench of the Telangana High Court, comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, has set aside an interim order of a Family Court restraining a wife from approaching her husband, his residence, or workplace, holding that such a direction was unjustified and unsupported by evidence.

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The court observed that matrimonial disputes cannot be dealt with in a mechanical manner, noting that courts deal with “the lives of two individuals, not chattels,” and that restricting the movement of a spouse requires strong and credible reasons.

The Family Court had passed the restraint order in a pending divorce case, accepting the husband’s allegations that the wife exhibited abnormal behaviour and suffered from a mental disorder. However, the High Court found that the conclusions were drawn without any medical evidence and were based solely on the husband’s allegations.

Taking exception to such findings, the Bench held that determining mental illness is a serious matter that cannot be inferred from isolated incidents or personal disputes, and cautioned against the casual use of stigmatic expressions.

The court further noted that the trial court failed to consider the wife’s defence and passed an order with drastic consequences at an interim stage, which would effectively amount to granting relief akin to dissolution of marriage without trial.

Holding the impugned order to be unilateral, unreasonable, and legally unsustainable, the High Court allowed the appeal and set aside the restraint order.