No restitution of conjugal rights after passing of decree-ground for divorce
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When a husband or a wife has withdrawn from the society of other without any reason, the aggrieved party can apply to the court of for the restitution of conjugal rights.
The Court on being satisfied of the truth of statement made and consideration there is no legal ground why the application should not be granted, grant decree of restitution of conjugal rights
The above is as per section 9 of Hindu Marriage Act, 1955
Section 9 reads as under :
9. Restitution of conjugal right.—When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society
When there is no restitution of conjugal rights after passing of decree of restitution
Now question is when even after the passing of decree or order of restitution of their conjugal rights, there is not restitution, what will happen in such a situation? What is the remedy in such a situation?
Will this be a ground for divorce?
Section 13(1A)(ii) of Hindu Marriage Act, 1995 answers this question.
Section 13(1A)(ii) of Hindu Marriage Act, 1955
As per section 13(1A)(ii) of Hindu Marriage Act, 1955 either party to a marriage, may present a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
section 13(1A)(ii) reads as under:
13(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i)…..; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
Thus, as per section 13(1A)(ii) no restitution of conjugal rights after passing of decree of restitution is a ground of divorce
Who can file a petition for divorce under section 13(1A)(ii)?
As per the plain reading of the section 13(1A)(ii) it can be ascertained that it is either party to marriage, who can file a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
Conclusion
Thus no restitution of conjugal rights even after passing of decree or order for restitution of conjugal rights by the court, is a ground of divorce.
Either party to marriage can file a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
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