Divorce Can be Granted Where After One Year of Restitution of Conjugal Rights Decree, Parties Hav…

Divorce Can be Granted Where After One Year of Restitution of Conjugal Rights Decree, Parties Have Not Cohabited: Supreme Court.

The Supreme Court has ruled that if parties do not cohabit for one year after a decree of restitution of conjugal rights, divorce can be granted. This landmark judgment was delivered in the case of X vs. Y (Civil Appeal No. 3894 of 2018) by a bench comprising Justices Sanjiv Khanna and M.M. Sundresh.

The case originated when the husband filed for divorce in 2011, citing cruelty and desertion. The wife contested the petition and filed for restitution of conjugal rights. The trial court granted the restitution decree in 2012, but the parties did not resume cohabitation. In 2013, the husband filed a fresh divorce petition. Key legal issues addressed by the court included:

1. Interpretation of Section 13(1A)(ii) of the Hindu Marriage Act.

2. The effect of non-cohabitation after a restitution decree.

3. The relevance of the reason for non-cohabitation

The Apex Court held that under Section 13(1A)(ii), either party can seek divorce if there has been no restitution of conjugal rights for one year or more after the passing of a decree. The court emphasized that the provision does not require examination of the reasons for non-cohabitation. Justice Khanna observed, “The legislature has not stipulated that the court should examine whether there was a reasonable cause or excuse for not complying with the decree for restitution of conjugal rights”