Divorce after failure of Restitution of Conjugal Rights in Hindu Marriage Law.

In this episode we learn about Dharmendra Kumar v. Usha Kumar (1977) – The Supreme Court held that “taking advantage of one’s own wrong” under Section 23(1)(a) of the Hindu Marriage Act means misconduct serious enough to deny relief. Mere refusal to cohabit, without grave fault, does not bar a divorce petition after the statutory separation period under Section 13(1A). The case clarified that trivial or ordinary marital disputes do not amount to such “wrong.”    • Divorce or Judicial Separation under Hindu...   The following is the original text of the judgment Dharmendra Kumar v. Usha Kumar: https://indiankanoon.org/doc/1248559/ Timecodes 0:00 Introduction 0:08 Dharmendra Kumar v. Usha Kumar 3:56 Observations of the Supreme Court 5:46 Amendment of 1976 of the Hindu Marriage Act, 1955 6:36 Teachings of the Case 8:06 Ending In the context of Hindu personal law, issues like bigamy, polygamy, and the solemnization of a Hindu marriage continue to raise complex questions, particularly in cases of desertion, abandonment, and judicial separation. The Prevention of Child Marriage Act intersects significantly with these matters, especially when assessing the validity of registration of marriage and its evidentiary value in cases involving passport, ration card, or marriage certificate disputes. Section 9 of the Hindu Marriage Act (HMA) provides for restitution of conjugal rights, while Section 13(1A) allows for divorce following a decree for such restitution or judicial separation. These provisions must be read alongside Section 125 CrPC and Section 18 of the Hindu Adoptions and Maintenance Act, 1956, which address maintenance and domestic relations, especially in cases involving women’s rights. Constitutional safeguards under Article 14, Article 15(3), Article 21, and the evolving jurisprudence on bodily autonomy and the right to privacy further shape the debate, particularly when courts exercise powers under Article 142 of the Indian Constitution to do complete justice. Questions around condonation of cruelty or misconduct often arise in divorce proceedings, making legal awareness critical. This podcast is crafted for students and scholars across LLB and LLM courses in institutions such as Delhi University’s Faculty of Law — including Campus Law Centre, Law Centre 1, and Law Centre 2 — and also those studying in premier institutions like National Law Universities. #therulebookroom #law #legal #caselaw #hindumarriageact #uniformcivilcode #thequietlawroom #restoration #divorce #judicialseparation