B.K. TARA Vs. B.N. KANNAN

JUDGEMENT

(1.) This civil miscellaneous appeal by the wife is against the decree for dissolution of marriage granted by the Court below under Section 13(1-A)(ii) of the Hindu Marriage Act in H.M.O.P. No. 474 of 1989 filed by the respondent-husband in the Court below, viz., the Family Court, Madras.

(2.) No doubt, the grounds of cruelty and desertion by the wife were also alleged in the said original petition. But, decree has been granted only on the ground alleged under the abovesaid Section 13(1-A)(ii) of the abovesaid Act, viz., that there has been no restitution of conjugal rights between the said parties to the marriage ever since 16.6.1987, when the decree for restitution of conjugal rights was given in R.C. No. 205 of 1985 filed by the petitioner-wife in the Family Court, Bangalore till the date when the abovesaid H.M.O.P No. 474 of 1989 was filed, viz., 16.5.1989. The learned Judge of the Family Court, Madras found in his judgment that admittedly, there was no restitution of conjugal rights between the abovesaid spouses after the passing of the abovesaid decree for restitution of conjugal rights on 16.5.1987.

(3.) As per the abovesaid provision in Section 13(1-A)(ii) of the above- said Act, if there has been no restitution for a period of one year or upwards after the passing of the decree for restitution of conjugal rights, the decree dis- solving the marriage could be passed. But, the contention of the learned Coun- sel for the appellant-wife is that she was always ready and willing to join her husband and it was only the husband who has evaded and that, therefore, he should not be allowed to take advantage of his own wrong and that, therefore the decree for dissolution of the marriage has been wrongly passed without taking into account what is provided Under Seetions. 23 of the said Act.