R. BAYAPU REDDY, J.

( 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 contemplat

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