Hindu Marriage Act | Divorce Petition Can Be Filed If Spouse Ignores Restitution Of Conjugal Rights Decree For Over One Year : Supreme Court

The Supreme Court observed that a divorce petition can be presented on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of one year and more after passing the decree for restitution of conjugal rights.

The Court referred to Section 13(1A)(ii) of the Hindu Marriage Act 1955 in this regard.

"Under Section 13(1A)(ii), it is provided that a divorce petition can be presented on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of one year and more after passing the decree for restitution of conjugal rights," the Court observed.

The Court was dealing with an appeal filed by a husband challenging the judgment of the High Court which set aside the decree of divorce granted on the ground of divorce.

The marriage between the parties was solemnised on March 25, 1999. Following a matrimonial discord, the man filed for the restitution of conjugal rights on December 17, 2008.

On May 15, 2013, the Court passed a decree of restitution of conjugal rights directing the wife to join the husband's company within three months.

Since the wife did not abide by the decree, on August 23, 2013, the husband filed a petition for divorce before the Family Court on the grounds of cruelty and desertion.

Meanwhile, in 2015, the High Court confirmed the decree of restitution of conjugal rights by dismissing the wife's appeal. In 2016, the Family Court allowed the husband's divorce petition. However, the divorce decree was set aside by the High Court in 2019 holding that the ground of desertion was not made out.

The Supreme Court decided the merits of the matter after failed attempts at mediation.

Allowing the husband's appeal, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan held :

"Admittedly, the respondent did not resume the co­habitation after 15th May 2013 till the date of filing of the divorce petition. It is not her case that any event happened after the decree for restitution of conjugal rights was passed, which prevented her from joining the appellant's company. Hence, the desertion of the appellant at least from 2008 till the date of filing the divorce petition in 2013 continued without any reasonable cause. Therefore, a decree for divorce on the ground of desertion under Section 13(1)(ib) ought to have been passed. Thus, in our view, the High Court ought to have confirmed the decree of divorce on the ground of desertion. This is a case of a complete breakdown of marriage for last 16 years and more."

Case Title : X vs Y

Citation : 2024 LiveLaw (SC) 458

Click here to read the judgment