LI Network
Published on: February 10, 2024 at 20:28 IST
The Delhi High Court has recently declared that a spouse against whom a decree of restitution of conjugal rights is issued has the right to seek divorce under Section 13 (1A)(ii) of the Hindu Marriage Act.
The Court’s decision came during the consideration of an appeal filed by the wife challenging a divorce granted under Sections 13(1) (ia) and 13 (1A) (ii) of the Hindu Marriage Act, citing cruelty and non-restitution of conjugal rights for a year after the decree.
Justices Neena Bansal Krishna and Suresh Kumar Kait heard the case and emphasized that Section 13 (1A) (ii) benefits “either party,” allowing either the decree holder or the judgment debtor to seek divorce in case of non-compliance with a decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
The appeal was filed under Section 19(1) of the Family Court Act, challenging the divorce granted on the grounds of cruelty and non-restitution of conjugal rights.
The respondent-husband argued that the appellant-wife’s unaccommodating and temperamental behavior led to a separate residence being set up in Delhi in 2004.
Allegations of infidelity and baseless accusations strained the relationship, and the court acknowledged that such behavior, though seemingly trivial individually, over time, creates significant mental stress.
The Court also addressed the argument that the husband, as the judgment debtor in a restitution decree, could not avail himself of divorce benefits under Section 13 (1A) (ii).
The judges clarified that the language of the provision, specifying “either party,” encompasses both the decree holder and the judgment debtor, ensuring the right to seek divorce in cases of non-compliance.
The Court upheld the divorce granted on the grounds of both cruelty and non-restitution of conjugal rights.