DHARMENDRA KUMAR vs USHA KUMAR

The Supreme Court held that under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, either party can petition for divorce if there has been no restitution of conjugal rights after a decree for such restitution. The Court clarified that mere non-compliance with the decree does not constitute a 'wrong' under Section 23(1)(a) of the Act, emphasizing that serious misconduct is required to deny relief. The appeal was dismissed, affirming the right of the respondent to seek divorce due to the absence of restitution.