A party cannot take advantage of his own wrong to obtain relief under the Hindu Marriage Act, 1955.

P.C.Pandit, J.

1. This is an appeal filed by the husband against the judgment of the learned District Judge, Amritsar, dismissing his petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called the Act) for a decree of divorce against his wife.

2. Chaman Lal, appellant, was married to Smt. Mohinder Devi on 26th of August, 1959. A daughter was born to them on 21st of October, 1960. It appears that the relations between the parties became strained and according to the appellant, the respondent left his house and started living with her parents in Amritsar. According to him. several efforts were made to bring her back but with no effect. On 10th of February 1962. Chaman Lal filed a petition under Section 9 of the Act against his wife for restitution of conjugal rights. On 17th of March 1962, the wife also put in a similar petition against her husband. The proceedings in the husbands petition were staved and an ex parte decree for restitution of conjugal rights was granted in favour of the wife on 16th of January, 1963. Chaman Lal filed an appeal in this Court against the ex parte decree and the same was rejected on 23rd of December, 1964. On 17th of July, 1965, the husband moved the petition under Section 13 of the Act out of which the present appeal has arisen, for divorce on the ground that there had been no restitution of conjugal rights between the parties for a period of two years after the passing of the decree for restitution of conjugal rights on 16-1-1963. It was alleged by him that after the passing of the said decree, several efforts had been made by him for compliance of the decree, but they did not prove successful.

3. The petition was resisted by the wife who denied the allegations made against her by her husband. Thereafter evidence was led by the parties in support of their respective, contentions The learned District Judge who tried this case, came to the conclusion that the husband had not made any effort whatsoever for complying with the decree of restitution of conjugal rights passed against him, and refused to keep the respondent in his house at any cost. The learned Judge was, therefore of the opinion that Chaman Lal was not entitled to take advantage of his own wrong in not making any effort for satisfying the decree dated 16-1-1963 Under Section 23(1)(a) he, therefore, refused to grant him the relief prayed for and held that Chaman Lal was not entitled to a decree for divorce against his wife. His petition was, consequently dismissed with costs. Against this decision, the present appeal has been filed by Chaman Lal.

4. The first argument raised by the earned counsel for the appellant was a purely legal one. He submitted that a decree for restitution of conjugal rights was passed in favour of the wife on 16-1-1963 Admittedly, there had been no restitution of conjugal rights between the parties for a period of two years after the passing of the said decree. The petition for divorce had been filed by the husband more than two years after the decree. Under Section 13(1-A)(ii) of the Act, the husband could file a petition for divorce on that ground The learned District Judge had erred in law in not granting the husbands petition for divorce. because under Section 13(1-A)(ii), the mere existence of an unsatisfied decree for restitution of conjugal rights for the required period was sufficient for the court to grant a decree of divorce. The learned District Judge could not in law dismiss the husbands petition on the ground that he had not made any efforts to comply with the said decree during the period preceding the filing of the said petition under Section 13 of the Act. The provisions of Section 23 (1)(a) did not apply to the facts of the present case.

5. Undoubtedly, by the insertion of subSection (1-A) in Section 13 of the Act on 21st of February, 1964, the husband also could present a petition for the dissolution of the marriage by a decree of divorce on the ground that there had b