AIR 2001 SUPREME COURT 1285 ::2001 AIR SCW 1196 ::2001 AIR - Kant. H. C. R. 2600 ::(2001) 1 MarriLJ 624 ::2001 (1) Marr LJ 624 ::(2001) WLC(SC)CVL 282 ::2001 (2) UJ (SC) 801 ::2001 UJ(SC) 2 801 ::(2001) 1 HinduLR 546 ::(2001) 4 CivLJ 167 ::2001 (4) SCC 125 ::2001 (2) RecCivR 522 ::(2001) 2 Scale 514 ::2001 (2) All CJ 1082 ::2001 (2) CurCC 26 ::(2001) 3 AllMR 911 (SC) ::2001 (43) All LR 314 ::2001 (2) Andh LD 117 ::2001 (3) Bom CR 43 ::2001 (1) DMC 616 ::(2001) MatLR 406 ::2001 (3) MadLW 17 ::(2001) 2 All WC 1259 ::2001 (2) RajLW 337 ::2001 (2) PatLJR 86 ::(2001) 2 SCJ 412 ::2001 (2) BLJ 343 ::2001 (1) UC 564 ::2001 (2) LRI 22 ::(2001) 2 Supreme 435 ::(2001) 3 Andh LT 17 ::(2001) 3 JT 620 (SC) ::2001 (3) JT 620 ::2001 (4) SRJ 323

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): D. P. Mohapatra, Doraiswamy Raju , JJ

(A) Hindu Marriage Act (25 of 1955) , S.13(1A), S.23, S.10— Divorce - Ground of non-resumption of cohabitation after decree for judicial separation / restitution of conjugal rights - Court not bound to grant divorce on mere proof of non-cohabitation for stipulated period - Provisions of S. 23 apply and relief could be granted only if conditions mentioned in S. 23 are satisfied - S. 10(2) also does not vest right to get decree of divorce in the spouse. All that is provided in S. 13 (1A) is that either party to a marriage may present a petition for dissolution of the marriage by a decree of divorce on the ground that there has been no resumption of cohabitation between the parties to the marriage for a period of one year or more after the passing of a decree for judicial separation in a proceeding to which they were parties or that there has been restitution of conjugal rights as between the parties to the marriage for a period of one year or more after the passing of a decree for restitution of conjugal rights in a proceeding to which both the spouses were parties. The section fairly read, only enables either party to a marriage to file an application for dissolution of the marriage by a decree of divorce on any of the grounds stated therein. The section does not provide that once the applicant makes an application alleging fulfillment of one of the condition....