NALLA SARADA Vs. NALLA BABAJI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the wife, who is the respondent in O.P. 380/89 on the file of the 11 Additional Subordinate Judge, Visakhapatnam questioning the impugned orders dated 18-8-1993 by which the petition filed by her husband for divorce was allowed.

(2.) The appellant who is the wife of the respondent herein, had previously filed O.P. 122/82 on the file of the I Additional Subordinate Judge under Section 9 of the Hindu Marriage Act (for short "the Act") seeking restitution of conjugal rights ana the said petition was not opposed by the husband and as such, it was allowed on 30-12-1982 granting the relief of restitution of conjugal rights. Subsequently, the husband filed O.P. 380/89 under Section 13 (1A) (ii) of the Act, contending that inspite of the decree for restitution of conjugal rights and inspite of his efforts to secure the company of his wife, no such restitution of conjugal rights has taken place even after the prescribed period of one year as his wife is not inclined to come and stay with him thereby honouring the decree for restitution of conjugal rights and as such he is entitled for a decree of divorce as contemplated under Section 13 (lA)(ii) of the Act. The wife opposed the said application solely on the ground that she was willing to go and stay with her husband even subsequent to the passing of the decree for restitution of conjugal rights: that he alone is at fault and is not willing to take her back thereby honouring the decree for restitution of conjugal rights and that inasmuch as the fault lies with the husband, he is not entitled for the decree of divorce. On the basis of the evidence adduced before him, the learned Subordinate Judge came to the conclusion that inspite of the decree passed for restitution of conjugal rights. The wife failed to honour such decree and go and stay with her husband: that in view of the circumstances as proved from the evidence, it cannot be said that the husband is taking advantage of his own wrong as contemplated in Section 23 (i) (a) of the Act for seeking the relief of divorce and as such he is entitled for the decree of divorce under the provisions of Section 13 (lA)(ii) of the Act. Questioning such orders, the present appeal is filed by the wife.

(3.) The point that arises for consideration is whether there are any valid reasons to interfere with the orders of the lower Court granting the decree of divorce under Section 13 (lA)(ii) of the Hindu Marriage Act?