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Report No. 71

4.4. Principle of not taking advantage of one's own wrong already modified.-

The theory that one cannot take advantage of one's own, wrong has not been adhered to in the Hindu Marriage Act in the past. We may, in this context, refer to clause (ii) of sub-section (1A) of section 13 of the Act. According to that clause, either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or afterwards after the passing of a decree for the restitution of conjugal rights in proceedings to which they were parties.

This provision clearly contemplates that even the party which has been in the wrong in so far as it has failed to comply with a decree for restitution of conjugal rights can also apply for a decree of divorce on the ground 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 the decree for restitution of conjugal rights in a proceeding to which they were parties. Such a party, though at fault, would thus be taken advantage of its own fault. It cannot, therefore, be said that under the provisions of the Hindu Marriage Act, as they stand at present no person can be allowed to take advantage of his own wrong.



The Hindu Marriage Act, 1955 - Irretrievable breakdown of Marriage as a Ground of Divorce Back




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