A Hindu husband obtains a decree for restitution of conjugal rights against his wife. One year later, he files a petition for divorce on the ground that there was no resumption of cohabitation for one year after the decree for restitution of conjugal right. Decide.

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  • A Hindu husband obtains a decree for restitution of conjugal rights against his wife. One year later, he files a petition for divorce on the ground that there was no resumption of cohabitation for one year after the decree for restitution of conjugal right. Decide.
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Answer:

According to Sec. 13(1-A)(ii),  if there is no resumption of cohabitation for one year after the decree for restitution of conjugal rights in which they were parties, the aggrieved party can present a petition  for divorce to the Court and the Court shall pass a decree of divorce to dissolve the marriage.

 

The Court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

Last Updated On January 29, 2018
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