In a pivotal ruling, the Supreme Court has affirmed that a divorce can be granted if a judicial order for the restitution of conjugal rights is ignored for over a year, reinforcing the provisions of Section 13(1A)(ii) of the Hindu Marriage Act, 1955.
A Bench comprising Justices Abhay S Oka and Ujjal Bhuyan highlighted that under this section, a divorce petition is valid if there’s no restoration of conjugal rights for a year or more following a decree. This decision came as the Court dealt with a case involving a marriage that had been effectively broken down for more than 16 years.
The case centered on a man whose wife had deserted him since 2008 and disregarded a 2013 family court order to resume marital cohabitation. Despite the family court granting a divorce due to the prolonged separation, the Punjab and Haryana High Court later overturned this decree, prompting the husband to seek relief from the Supreme Court.
The Supreme Court initially attempted mediation, but when no agreement was reached, it proceeded with the divorce decree. The Court noted that the husband’s desertion by his wife since 2008, continuing through the 2013 divorce petition filing, justified the divorce under Section 13(1)(ib).
Additionally, the Supreme Court acknowledged the husband’s offer of ₹30 lakhs as one-time alimony, instructing the Registry to finalize the divorce decree upon confirmation of this payment.
This ruling underscores the Court’s stance on upholding legal provisions that protect individuals in long-term marital conflicts where reconciliation efforts fail.
