Question

The Hindu Marriage Act, 1955 petition in which a decree of restitution of conjugal rights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution... for a period of one year or upwards...

• A. Does not permit any party to that
• B. Does not permit the party against whom the decree was passed
• C. Does permit any party to that
• D. Does permit any person related to either party to that

Hint:

Under Section 13(1A) of the HMA, non-compliance with a decree for restitution of conjugal rights for one year becomes a ground for divorce for *either* party. The law allows even the "guilty" party (who failed to comply) to seek divorce, recognizing that the marriage has irretrievably broken down.

Answer 1

The Correct Option is C

The question relates to Section 13(1A) of the Hindu Marriage Act, 1955. This section provides grounds for divorce based on the breakdown of marriage, evidenced by non-resumption of cohabitation after certain decrees. Specifically, Section 13(1A)(ii) states that if there has been no restitution of conjugal rights for a period of one year or more after the passing of a decree for restitution, then either party to the marriage can present a petition for divorce. The language "either party" is crucial. This means that both the party who obtained the decree (decree-holder) and the party against whom it was passed (judgment-debtor) can use the non-compliance as a ground for divorce. Therefore, the Act does permit any party to the original restitution proceedings to file for divorce.