In a landmark ruling, the Supreme Court of India has clarified that if a couple does not cohabit for one year after a decree of restitution of conjugal rights, they can be granted a divorce. This significant judgment came in the case of X vs. Y (Civil Appeal No. 3894 of 2018), delivered by Justices Sanjiv Khanna and M. M. Sundresh.
The case began in 2011 when a husband filed for divorce, citing cruelty and desertion by his wife. The wife contested this and instead filed for restitution of conjugal rights. The trial court granted her plea in 2012, but despite the decree, the couple did not resume cohabitation. By 2013, the husband filed a fresh petition for divorce.
The court tackled several crucial legal questions, including the interpretation of Section 13(1A)(II) of the Hindu Marriage Act, the implications of not cohabiting after a restitution decree, and the relevance of the reasons behind this non-cohabitation.
The Supreme Court clarified that under Section 13(1A)(II), either spouse can seek a divorce if they have not resumed cohabitation for at least a year after a decree for restitution of conjugal rights. The judgment underscored that this provision does not require the court to examine why the couple did not cohabit.
Justice Khanna remarked, "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."
This ruling is pivotal as it aims to prevent marriages from becoming mere legal formalities when couples are unwilling to live together. It streamlines the divorce process, offering clarity on Section 13(1A)(II) and emphasizing that reconciliation should be genuine and mutual.
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