The Supreme Court of India has said that divorce can be granted under the Hindu Marriage Act if a spouse does not follow a court’s order to resume marital life for over one year.
The Court made this observation while deciding a case where a husband claimed his wife left him in 2008 and did not return, even after a family court in 2013 directed her to restore conjugal rights—meaning she was asked to start living with him again.
The Supreme Court noted:
“This is clearly a case where the marriage has completely broken down for the past 16 years.”
Here’s what happened:
- The couple got married in March 1999.
- After issues started in 2006, the husband filed a case in 2008 to get his wife to return.
- The family court allowed his request in May 2013 and gave the wife three months to comply.
- However, she did not return.
- The husband then filed for divorce, which was granted by the family court.
- In 2019, the Punjab and Haryana High Court canceled the divorce, so the husband went to the Supreme Court for help.
The Supreme Court first tried to settle the matter through mediation, but the couple could not reach an agreement.
On July 8, the Supreme Court allowed the divorce, agreeing with the husband.
The Court also recorded that the husband had agreed to pay ₹30 lakhs to his wife as one-time alimony. The Court said that the divorce decree would be finalized once he provides proof of payment.
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