Basant, J.

(i) In a claim for divorce under Sec.13(1A)(ii) of the Hindu Marriage Act, 1955 (for short ‘the Act’) when the statutory ground is established, what is the nature of “wrong” that can lead to the dismissed of the claim under Sec.23(1)(a) of the Act?

(ii) How contumacious should the alleged wrong be to attract rejection under Sec.23(1)

(a) of the Act?

(iii) Can suffering of an uncontested decree for restitution of conjugal rights and mere non-compliance of such a decree be reckoned as wrongs under Sec.23(1)(a) to justify the rejection of the claim for divorce under Sec.13(1)(A) of the Act?

These are the questions that arise for consideration in this appeal.

2. To the vital and crucial facts first. The parties are spouses. Their marriage in accordance with the Hindu religious rites was solemnized on 26-1-2000. The matrimony was in doldrums from the very initial days. They went for honey moon to Port Blair; came back to the native place and the husband went to this place of employment-Mumbai, after 20 days of marriage. His mother was afflicted with cancer. She expired. The wife was taken to Mumbai, the place of employment of the husband. They lived together there