The Hindu Marriage Act, 1955 ____ petition in which a decree of restitution of conjugal rights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution of conjugal rights as between parties of marriage for a period of one year or upwards after passing of the decree.
Explanation & Strategy
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Section 13(1A)(ii) HMA allows EITHER party to a marriage to seek divorce if conjugal rights haven't been restored for one year after a restitution decree. The key word is 'either party' — both the petitioner and respondent in the original restitution case can use this ground.