Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 8[one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.] https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00004_195525_[deleted]&orderno=13 The above is what Hindu marriage act says about the grounds for divorce based on Restitution of conjugal rights. I want you to find out whether I, against whom the Restitution of conjugal rights decree was issued, can file for divorce on the above ground after one year? Or only the petitioner/holder of the Restitution of conjugal rights decree can file for divorce on the above ground?
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You cannot take advantage of your own wrong
you cannot refuse to comply with decree fir RCR and them file for divorce n expiry of one year
your spouse can file for divorce if you refuse to stay with her inspite of decree for RCR being passed one year back
The provision commences with phrase, “Either party to a marriage.” Any party wife or husband petitioner/respondent can seek divorce on the ground that there has been no restitution conjugal rights for one year after the passing of decree.
If the restitution of conjugal rights decree was not acted upon by either party even after one year of passing the order, then either party can file a petition seeking dissolution of marriage on the same grounds.
No law that force a wife to stay with her husband. The law relating to restitution of conjugal right is for the spouse who has withdrawn from conjugal relationship to resume it but if that spouse refuse to resume conjugal relationship for a year or more, the other spouse or same spouse gets ground for divorce.
The decree holder can only file the divorce case as the decree holder had sought restitution of conjugal rights but you didn't appear and the decree was granted ex parte or you appeared and didn't gave a satisfactory reply as to why you had withdrawn from the society of the petitioner.
Dear Client,
Restitution of Conjugal rights is a legal entitlement that is based on Sec 9 of the Hindu Marriage Act. The aggrieved party may apply to the district court for restitution of conjugal rights if the husband or wife is withdrawn from the other partner company without any valid reason.
Here you can approach the court regarding the regarding the restitution of conjugal rights.
If the decree of restitution of conjugal rights is passed by the court than it is compulsory for the respondent to resume cohabitation with the plaintiff and if the respondent fails to do so within one year then it can act as a ground for divorce for the plaintiff.
Thank You
Yes it can be filed by you but on the grounds specified in Act
- If the decree of restitution of conjugal rights passed in favor of one party , then the second party is under obligation to live with the first party
- However, if the second party not comply the said decree of restitution of conjugal rights , then the First party can file a divorce petition before the court after one years from the date of said decree.
The directions of the Court in a decree have to be adhered to, by both parties. A decree of restitution of conjugal rights (RCR) is a means of saving a marriage. If a decree of RCR is not followed for more than one year after the date of the decree, it can be a good ground for divorce by either party.
So yes, you can file for divorce on the above ground.
Dear client you can go identified for a divorce petition however after a degree of restitution of conjugal right has been established you cannot file for divorce for 1 year
