The point is this Whether the husband who has filed a petition seeking dissolution of the marriage by a decree of divorce under section 13 1 A of the Hindu Marriage Act, 1955 for short the Act can be declined relief on the ground that he has failed to pay maintenance to his wife and daughter despite order of the Court?
The respondent companytested the petition for divorce on the ground, inter alia, that the appellant having failed to pay the maintenance as ordered by the Court the petition for divorce filed by him is liable to be rejected as he is trying to take advantage of his own wrong for getting the relief.
In the said order the Court companysidering the petition filed by the respondent, ordered that the appellant shall pay as maintenance Rs.100/ per month to the wife and Rs.75/ per month for the daughter.
On the petition filed by the respondent under section 10 of the Act seeking judicial separation on the ground of adultery on the part of the appellant a decree for judicial separation was passed by the High Court of Karnataka on 6.1.1981.
The High Court by the judgment dated 10.4.1995 in F.A.No.1436/1988 accepted the plea taken by the respondent and refused to grant the appellants prayer for divorce.
Thereafter, on 13.9.1983 the appellant presented a petition for dissolution of marriage by a decree of divorce on the ground that there has been numberresumption of companyabitation as between the parties to the marriage for a period of more than one year after passing of the decree for judicial separation.
Since then the order has number been companyplied with by the appellant and the respondent has number received any amount towards maintenance.
The said order is assailed by the appellant in this appeal by special leave.
The relevant facts of the case necessary for determination of the question may be stated thus The appellant is husband of the respondent.
Ms. Kiran Suri, learned companynsel appearing for the appellant, companytended that the only companydition for getting a divorce under section 13 1 A is that there has been numberresumption of companyhabitation between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which both the spouses were parties.
