Law Querier
06 July 2014 at 10:50
According to, Section 13 (1A)(ii) of The Hindu Marriage Act, 1955: 13(1A).Either party to a marriage, whether solemnised 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 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
Que: RCR petition u/s.9 of HMA has been filed against wife by husband as he wants to sustain the marriage life. If husband gets RCR decree in his favor and if there is no conjugal rights as between the parties to marriage for a period of one year after the passing of the decree of RCR, Can wife file a petition of divorce after one year of RCR decree on the ground mention in Section 13(1A)(ii) of HMA, although RCR decree is in the favor of husband and husband wants to sustain marriage life?
Que 2: What is Answer if husband gets ex parte RCR decree on the same situation?
Query for sec.13(1a)(ii) of the hindu marriage act
According to, Section 13 (1A)(ii) of The Hindu Marriage Act, 1955: 13(1A).Either party to a marriage, whether solemnised 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 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
Que: RCR petition u/s.9 of HMA has been filed against wife by husband as he wants to sustain the marriage life. If husband gets RCR decree in his favor and if there is no conjugal rights as between the parties to marriage for a period of one year after the passing of the decree of RCR, Can wife file a petition of divorce after one year of RCR decree on the ground mention in Section 13(1A)(ii) of HMA, although RCR decree is in the favor of husband and husband wants to sustain marriage life?
Que 2: What is Answer if husband gets ex parte RCR decree on the same situation?