Divorce Petition Can Be Filed on the Ground of Desertion Due to Non-compliance of Restitution Order Even After One Year of Its Attaining Finality
- A divorce petition on the ground of desertion can be filed by the spouse in whose favor a decree for restitution of conjugal rights is filed, if the respondent spouse does not resume cohabitation within one year of such decree reaching finality.
- If there is any appeal pending before the High Court or the Supreme Court, then the appealing spouse may not start living with the husband/wife and the period of one year will commence on disposal of appeal. If no appeal is filed before the higher court challenging the restitution order and the said order reaches finality, then the one-year period starts running from the day of expiry of appeal period.
- The spouse against whom a decree of restitution for conjugal rites is passed may defend him/her not complying with the restitution order claiming that after passing of the restitution decree any untoward incident has taken place, that prevented him/her from joining his/her spouse’s company.
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