In Brief
A wife appealed a judgment dissolving her marriage under Section 13(1A)(ii) of the Hindu Marriage Act, 1955. The husband had initially obtained a decree for restitution of conjugal rights in 2012, which the wife did not comply with. One year later, he filed for divorce on the ground of non-compliance. The wife did not contest the divorce petition. The Supreme Court dismissed the appeal, holding that Section 13(1A)(ii) clearly applied—the earlier decree for restitution had been decreed but not complied with, and the one-year period had elapsed. The Court reserved the wife's right to seek permanent alimony separately.
The lawyer headnote and full judgment text are available to registered users.