Court says matrimonial litigation should not continue when spouses voluntarily choose to reunite
Jodhpur: The Rajasthan High Court has set aside a divorce decree and restored a couple’s marriage after they reconciled during the pendency of an appeal, observing that “where the parties themselves have found a path from discord to reconciliation, the law should, wherever permissible, facilitate peace rather than perpetuate conflict.”
A Division Bench of Justice Uma Shanker Vyas and Justice Sameer Jain passed the order on an appeal against the decree of the Family Court, which had dissolved the couple’s marriage under Section 13(1)(ia) of the HMA, 1955.
The dispute was initially referred to the Mediation Centre in January 2026, but the mediation did not result in a settlement. The couple later appeared before the Bench and settled their differences, agreeing to resume their matrimonial life and put their differences behind
The couple said their decision was voluntary and aimed at rebuilding their family for their minor daughter’s welfare.
Taking note of these subsequent developments, the Court held that the circumstances had materially changed since the divorce decree and observed that matrimonial litigation concerns not merely legal claims but also human relationships and family life.
As the dispute was personal between the spouses and no third-party rights were involved, the Court found little purpose in continuing litigation that the parties themselves no longer wished to pursue.
Referring to its earlier decision in Kamlesh Devi v. Vijay Kumar Soni, the Court cancelled the divorce decree and restored the couple’s marriage as if the divorce had never taken place
The Court therefore allowed the appeal.