Case Law Analysis
|Jharkhand High Court
Section 13(1-A)(ii) HMA | Ex Parte Restitution Decree Insufficient for Divorce Without Proof of Knowledge & Wilful Refusal : Jharkhand HC
The court ruled that an ex parte restitution decree alone cannot sustain a divorce under Section 13(1-A)(ii) HMA; the petitioner must prove the respondent knew of the decree and wilfully refused cohabitation. Separation due to matrimonial discord, where the respondent remains willing to cohabit, does not constitute wilful refusal.