AIR 1978 GUJARAT 74 ::1978 HinduLR 270 ::19 GujLR 556 ::1978 MatLR 155

Gujarat High Court

Hon'ble Judge(s): B. K. Mehta , J

Hindu Marriage Act (25 of 1955) , S.13(1A)(ii), S.28— Decree for restitution of conjugal rights obtained by wife - Non-compliance by husband - Mere non-compliance per se would not amount to taking advantage of his own wrong - Husband is not procluded from claiming divorce. @page-Guj75 Mere fact of non-compliance by a husband of the decree for restitution of conjugal rights obtained by a wife would not per se amount to taking advantage of his own wrong or disability so as to disable him from claiming the relief of divorce after lapse of two years of the said decree.(Para 10) Though S. 13 (1-A) as amended in 1964 entitles even a defaulting party and not merely an aggrieved party to obtain dissolution of marriage by a decree of divorce if there is no cohabitation for a period of two years or upwards after the decree for judicial separation is passed or if the decree for restitution of conjugal rights is not compiled with for the said period, it is the duty off the Court to see under S. 23 (1) whether the petitioner under S. 13 (1-A) is disabled by his conduct subsequent to the decree of judicial separation or decree of restitution of conjugal rights, as the case may be, which may again amount to taking advantage of his own wrong. The contention that non-compliance of decree for restitution of conjugal rights per se amo....