( 1 ) A question of considerable importance but of some difficulty arises in this appeal whether the mere fact of non compliance by a husband of the decree for restitution of conjugal rights obtained by a wife would per se amount to taking advantage of his own wrong or disability so as to disable him from claiming the relief of divorce after lapse of two years of the said decree. The question arises in the following circumstances:

( 2 ) THE marriage of the petitioner husband with the respondent was solemnised on May 29 1967 at Ahmedabad. A son was born of this wedlock on March 6 1968 the respondent Wife filed Petition being Hindu Marriage Petition No. 66 of 1972 in the City Civil Court at Ahmedabad for a decree of restitution of conjugal rights under sec. 9 of the Hindu Marriage Act 1955 The Court granted the decree as prayed for by its order of September 24 1973 It is common ground that this decree was not complied with or satisfied by the petitioner husband who immediately thereafter left for United States and returned only after the expiry of two years. immediately after his return he filed an application for a de cree of divorce under sec. 13 (1a) (ii) of the afor