1. This appeal at the instance of the wife is directed against the judgment dated February 12, 1980 of the Additional District Judge, Patiala, whereby he granted a decree of divorce to the husband against wife under Sec. 13 (1A) of the Hindu Marriage Act (hereinafter called the Act). The husband had secured a decree for restitution of conjugal rights on May 15, 1978, and after the passage of the requisite period envisaged under Section 13 (1A) of the Act sued for divorce.

2. Evidence was led before the Matrimonial Court on behalf of the appellant-wife, showing that she had been keen to comply with the decree for the restitution of conjugal rights secured by her husband against her and had also been applying to the Matrimonial Court that she was prepared to comply with the decree, but the husband had frustrated her attempts to do so. It was on the basis of this material on the record that it was argued on behalf of the wife that in view of the provisions of S.23(1) of the Act, a decree of divorce could not be granted to him as it would tantamount on his part to be taking advantage of his own wrong. The trial Court relying on a Full Bench decision of this Court in Smt. Bimla