MP High Court Denies Divorce To Husband Who Made No Effort To Bring Wife Back After Restitution Of Conjugal Rights Decree

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Published 27 October 2026

Case: Not stated in the source
Court: High Court of Madhya Pradesh
Bench: Justice Sheel Nagu and Justice Vinay Saraf
Citation: Not stated in the source
Statutes: Hindu Marriage Act, 1955 — s.9
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Madhya Pradesh High Court, in a decision by Justice Sheel Nagu and Justice Vinay Saraf, denied a husband's divorce petition. The Court held that the husband failed to make any effort to bring his wife back after obtaining a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, thus disentitling him from divorce under Section 13(1A)(ii) of the Act.

Ratio Decidendi · Legal Principle Established

A party seeking divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, after obtaining a decree for restitution of conjugal rights under Section 9, must demonstrate a genuine effort to comply with the decree and bring the spouse back. Failure to make such efforts disentitles the petitioner from obtaining a divorce.

Practice & Procedural Impact for Advocates

Advocates representing petitioners seeking divorce under Section 13(1A)(ii) of the Hindu Marriage Act must ensure their clients have made demonstrable efforts to comply with a prior restitution of conjugal rights decree. Litigants should be advised that merely obtaining a Section 9 decree is insufficient; active steps towards reconciliation are expected.

Key Legal Takeaways

1A decree for restitution of conjugal rights under Section 9 HMA does not automatically lead to divorce.
2The party who obtained the Section 9 decree must show genuine efforts to comply with it.
3Lack of effort to bring the spouse back after a Section 9 decree can be grounds to deny divorce under Section 13(1A)(ii) HMA.

The Legal Issue In a case before the Madhya Pradesh High Court, a husband sought a divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, on the ground that there had been no restitution of conjugal rights for a period of one year or more after a decree for restitution of conjugal rights was passed under Section 9 of the same Act. The core legal question was whether the husband, having obtained the Section 9 decree, was entitled to a divorce despite making no efforts to bring his wife back.

Court's Reasoning The bench of Justice Sheel Nagu and Justice Vinay Saraf observed that while the husband had obtained a decree for restitution of conjugal rights, he had not made any genuine effort to comply with the decree or to bring his wife back to the matrimonial home. The Court emphasized that merely obtaining a decree under Section 9 is not sufficient to automatically grant a divorce under Section 13(1A)(ii). The party who obtained the decree must demonstrate active steps taken to fulfill the spirit of the decree, which is to restore conjugal relations. Since the husband failed to show any such efforts, the High Court concluded that he was not entitled to the divorce he sought.

What Follows The Madhya Pradesh High Court dismissed the husband's appeal, thereby upholding the lower court's decision to deny the divorce. The husband's petition for divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, stands rejected due to his inaction following the restitution of conjugal rights decree.