The Supreme Court of India has ruled that under the Hindu Marriage Act, divorce can be granted if one spouse does not follow a court order to restore conjugal rights for a period of one year. This decision came in response to a case where a man filed for divorce after his wife refused to live with him, despite a family court’s 2013 order asking her to return to their marital home.
The couple’s marriage, which began in March 1999, experienced marital discord in 2006. In 2008, the husband requested the restitution of conjugal rights, and the family court granted his plea in May 2013, giving the wife three months to comply. However, she refused to do so, prompting the husband to seek a divorce, which was initially approved by the family court.
In 2019, the Punjab and Haryana High Court overturned the divorce decree, leading the man to appeal to the Supreme Court. Although the Supreme Court referred the case to mediation, the couple was unable to reach an agreement.
On July 8, the Supreme Court granted the man’s request for divorce, noting that the marriage had broken down irreparably over the last 16 years. Additionally, the Court acknowledged the husband’s offer to pay his estranged wife ₹30 lakhs as a one-time alimony payment. The divorce decree will be issued once proof of payment is submitted.
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