DHARMENDRA KUMAR versus USHA KUMAR

DHARMENDRA KUMAR versus USHA KUMAR

Mere non-compliance with a decree for restitution of conjugal rights does not amount to a wrong under section 23(1)(a) of the Hindu Marriage Act. The petitioner-wife, in the present case, is not disentitled to a decree of divorce merely because she did not respond to her husband's invite to resume cohabitation.

Parties
Appellant: DHARMENDRA KUMAR; Respondent: USHA KUMAR
Jurisdiction
India
Judgment Date
19 August 1977
Procedural Posture
Civil Appeal / Supreme Court Appeal From Delhi High Court Judgment in F.a.o. No. 170 of 1976
Outcome
Appeal dismissed
Legal Topics
Divorce, Restitution of Conjugal Rights, Hindu Marriage Act
Family Law Divorce Restitution of Conjugal Rights Hindu Marriage Act

Case Brief

Summary, issues, holding and outcome

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Parties

DHARMENDRA KUMAR

Appellant

USHA KUMAR

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Delhi High Court Judgment in F.a.o. No. 170 of 1976

Legal Issues

  1. 1 Whether a party who obtained a decree for restitution of conjugal rights and does not respond to offers to resume cohabitation is taking advantage of his/her own wrong under section 23(1)(a) of the Hindu Marriage Act, thereby being disentitled to divorce under section 13(1A)(ii)?

Ratio Decidendi

Mere non-compliance with a decree for restitution of conjugal rights does not amount to a wrong under section 23(1)(a) of the Hindu Marriage Act. The petitioner-wife, in the present case, is not disentitled to a decree of divorce merely because she did not respond to her husband's invite to resume cohabitation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without order as to costs.
  • Decree of divorce for the petitioner-wife sustained.