Case Note & Summary
The appellant-wife challenged the judgment and decree dated 25.01.2022 passed by the I Additional Principal Judge, Family Court, Mysuru in M.C.No.53/2021, which allowed the husband's petition under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 for dissolution of marriage. The parties were married on 24.02.2011 and had a troubled marriage. The husband had earlier filed M.C.No.1661/2012 (later renumbered as M.C.No.35/2013) seeking divorce under Section 13(1)(ia) of the Act, and the wife filed M.C.No.196/2012 seeking restitution of conjugal rights. The Family Court allowed the wife's petition for restitution of conjugal rights by judgment dated 30.11.2013 and dismissed the husband's divorce petition. The husband appealed against the dismissal of his divorce petition in MFA No.2014/2014, which was dismissed. The wife's appeal against the restitution decree was dismissed for default. The husband then filed M.C.No.53/2021 under Section 13(1A)(ii) of the Act, alleging that the wife had not complied with the restitution decree for over one year. The Family Court granted divorce. The wife appealed, arguing that the restitution decree was obtained by fraud and that she had not willfully disobeyed it. The High Court held that the restitution decree had become final and the wife could not challenge it in the divorce proceedings. The non-compliance with the decree for over one year is a valid ground for divorce under Section 13(1A)(ii). The appeal was dismissed, and the Family Court's decree was upheld.
Headnote
A) Hindu Marriage Act - Divorce - Section 13(1A)(ii) - Restitution of Conjugal Rights - Non-compliance - The Family Court granted divorce on the ground that the wife failed to comply with the decree for restitution of conjugal rights for over one year. The High Court held that the decree for restitution of conjugal rights had become final and the wife could not challenge it in the divorce proceedings. The non-compliance with the decree for over one year is a valid ground for divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955. (Paras 1-10)
B) Hindu Marriage Act - Restitution of Conjugal Rights - Finality of Decree - The wife's appeal against the decree for restitution of conjugal rights was dismissed for default, and the decree attained finality. The wife cannot be allowed to re-agitate the same issue in the divorce proceedings. The principle of res judicata applies. (Paras 5-8)
C) Hindu Marriage Act - Divorce - Section 13(1A)(ii) - Waiver - The wife, by not complying with the decree for restitution of conjugal rights and by not challenging its validity in the divorce proceedings, waived her right to challenge the decree. The Family Court correctly granted divorce. (Paras 9-10)
Issue of Consideration
Whether the Family Court was justified in granting divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 on the ground that there was no resumption of cohabitation for a period of one year or more after the decree for restitution of conjugal rights, and whether the appellant could challenge the earlier decree for restitution of conjugal rights in the divorce proceedings.
Final Decision
The High Court dismissed the appeal and upheld the judgment and decree dated 25.01.2022 passed by the I Additional Principal Judge, Family Court, Mysuru in M.C.No.53/2021 granting divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955.
Law Points
- Section 13(1A)(ii) of Hindu Marriage Act
- 1955
- Restitution of Conjugal Rights
- Non-compliance as ground for divorce
- Res judicata
- Waiver of right to challenge earlier decree
Case Details
2023 LawText (KAR) (12) 25
K.S. Mudagal, K.V. Aravind
Sri Narayana V. S. for appellant; Sri Dhyan Chinnappa, Senior Counsel for Sri T.P. Srinivasa for respondent
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against judgment and decree of Family Court granting divorce under Section 13(1A)(ii) of Hindu Marriage Act, 1955.
Remedy Sought
The appellant-wife sought to set aside the divorce decree granted by the Family Court.
Filing Reason
The husband filed a petition under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 for divorce on the ground that the wife had not complied with the decree for restitution of conjugal rights for over one year.
Previous Decisions
The Family Court had earlier passed a decree for restitution of conjugal rights in favor of the wife on 30.11.2013 in M.C.No.196/2012. The wife's appeal against that decree was dismissed for default. The husband's earlier divorce petition under Section 13(1)(ia) was dismissed. The Family Court in M.C.No.53/2021 granted divorce under Section 13(1A)(ii).
Issues
Whether the Family Court was justified in granting divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955?
Whether the appellant could challenge the earlier decree for restitution of conjugal rights in the divorce proceedings?
Submissions/Arguments
Appellant argued that the decree for restitution of conjugal rights was obtained by fraud and that she had not willfully disobeyed it.
Respondent argued that the decree for restitution of conjugal rights had become final and the wife had not complied with it for over one year, thus the divorce was rightly granted.
Ratio Decidendi
Under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, a decree for divorce can be granted if there has been no resumption of cohabitation for a period of one year or more after the passing of a decree for restitution of conjugal rights. The decree for restitution of conjugal rights, having become final, cannot be challenged in the divorce proceedings. Non-compliance with such decree for the requisite period is a valid ground for divorce.
Judgment Excerpts
Challenging the judgment and decree for dissolution of marriage under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, the respondent in M.C.No.53/2021 on the file of I Additional Principal Judge, Family Court, Mysuru has preferred this appeal.
The marriage of the petitioner and the respondent was solemnized on 24.02.2011 at Chanakya Kalyana Mantapa, Vishveshwaranagar, Sterling Theatre Road, Mysuru.
The Family Court allowed the petition for restitution of conjugal rights filed by the wife and dismissed the husband's divorce petition.
The husband filed M.C.No.53/2021 under Section 13(1A)(ii) of the Act on the ground that the wife had not complied with the decree for restitution of conjugal rights for over one year.
The Family Court granted divorce. The wife appealed.
Procedural History
The husband filed M.C.No.1661/2012 (later M.C.No.35/2013) for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The wife filed M.C.No.196/2012 for restitution of conjugal rights. The Family Court allowed the wife's petition on 30.11.2013 and dismissed the husband's divorce petition. The husband appealed in MFA No.2014/2014, which was dismissed. The wife's appeal against the restitution decree was dismissed for default. The husband then filed M.C.No.53/2021 under Section 13(1A)(ii) of the Act, which was allowed on 25.01.2022. The wife filed the present appeal against that decree.
Acts & Sections
- Hindu Marriage Act, 1955: Section 13(1A)(ii), Section 13(1)(ia)
- Family Courts Act, 1984: Section 19(1)
