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Whether the appellant is entitled to a decree for divorce under Section 13(1A)(ii) read with Section 23(1) of the Hindu Marriage Act?


Section 13(1A)(ii) – Divorce

Either party to a marriage, whether solemnised before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground –

(ii) that there has been no restitution of
conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

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