Hindu marriage Act, 1955 Section 9, 13(1-A)(ii) , 23(1)(a) – Decree for restitution of Conjugal rights passed against wife under section 9 – More than one year has elapsed – Whether by filing the present petition wife , who had suffered the decree and had refused to resume cohabitation, can be a ground to invoke the provision of Section 23 (1) (a) of the Act – It may be true that the husband had initiated proceedings for execution of decree but the fact is that the same remained unexecuted and admittedly there had been no cohabitation for more than one year between the parties – Resultantly, it was open to either of them to apply for dissolution of marriage by a decree of divorce under the provisions of Section 13 (1-A) (ii) of the Act – Refusal to resume cohabitation was not a ground to invoke the provisions of Section 23 (1) (a) of the Act of 1955 so as to plead that he/ she was taking advantage of his/her own wrong – Wife is entitled to a decree of divorce under Section 13 (1-A) (ii) of the Act .
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