SMT. SAROJ RANI vs SUDARSHAN KUMAR CHADHA

The Supreme Court addressed the constitutionality of Section 9 of the Hindu Marriage Act, 1955, which allows for restitution of conjugal rights, in light of Articles 13, 14, and 21 of the Constitution. The Court held that a consent decree for restitution does not bar a husband from seeking divorce under Section 13 if cohabitation does not resume, affirming that the decree's nature does not negate the husband's right to divorce. The Court ultimately upheld the Division Bench's decision allowing the husband a decree of divorce, emphasizing the importance of actual cohabitation post-decree.