Judgment

A. C. GUPTA, J. - On her application made under Section 9 of the Hindu Marriage Act, 1955, the respondent was granted a decree for restitution of conjugal rights by the Additional Senior Sub-Judge, Delhi, on August 27, 1973. A little over two years after that decree was passed, on October 28, 1975 she presented a petition under Sec. 13 (1A) (ii) of the Act in the Court of the Additional District Judge, Delhi, for the dissolution of the marriage by a decree of divorce. Section 13 (1A) (ii) as it stood at the material time reads:

"Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) x x x

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of two years or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties."

The provision was amended in 1976 reducing the period of two years to one year, but this amendment is not relevant to the present controversy. In that petition under Section 13 (1A) (ii) she - we shall hereinaft