Law:

Section:

ACT: Hindu Marriage Act 1955-Section 13(1A)(ii).-23(1)(a)-If divorce can be obtained for absence of restitution of conjugal rights after decree for restitution is granted by a person who refuses to have restitution-Whether such a conduct amounts to a wrong within the meaning of sec. 23 (1) (a) of the Act. HEADNOTE: The respondent-wife was granted a decree for restitution of conjugal rights on her application under s. 9 of Hindu Marriage Act, 1955 by Additional Senior Sub-Judge, Delhi, on 27th August 1973. On 28th October 1975, the respondent presented a petition under s. 13(1A) (ii) of the Act in the Court of Additional District Judge, Delhi for dissolution of the marriage by a decree of divorce-stating therein that there bad been no restitution of conjugal rights between the parties after the passing of the decree for restitution of conjugal rights. The appellant-husband, in his written statement admitted that there had been no restitution of conjugal rights, between the parties after the passing of the decree in earlier proceedings, but stated that he made attempts to comply with the decree dated 27th August 77 by writing several registered letters inviting the respondent to live with him to which, according to him she never replied. The husband contended that she herself prevented the restitution of conjugal rights and was making a capital out of her own wrong which she was not entitled to do. HELD : No circumstance has been alleged in the instant case from which it could be said that the respondent was trying to take advantage of her own wrong. Section 13(1A)(ii) of Hindu Marriage Act 1955 allows either party to a marriage to present a petition for dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for the period specified, in the provision after the passing of the decree for restitution of conjugal rights. Sub-section (1A) was introduced in section 13 by section 2 of Hindu Marriage (Amendment) Act 1964. Section 13 as it stood before the 1964 amendment permitted only the spouse who had obtained the decree for restitution of conjugal rights to apply for…

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