Query for sec.13(1a)(ii) of the hindu marriage act

Law Querier (Querist) 06 July 2014 This query is : Resolved
According to, Section 13 (1A)(ii) of The Hindu Marriage Act, 1955: 13(1A).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 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
Que: RCR petition u/s.9 of HMA has been filed against wife by husband as he wants to sustain the marriage life. If husband gets RCR decree in his favor and if there is no conjugal rights as between the parties to marriage for a period of one year after the passing of the decree of RCR, Can wife file a petition of divorce after one year of RCR decree on the ground mention in Section 13(1A)(ii) of HMA, although RCR decree is in the favor of husband and husband wants to sustain marriage life?
Que 2: What is Answer if husband gets ex parte RCR decree on the same situation?

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V R SHROFF (Expert) 06 July 2014
RCR ARE USELESS LITIGATION ; NO EFFECTIVE ORDERS...

ayushi (Expert) 06 July 2014
Yes wife has right to file divorce petition after one yearof rcr decree and there has been no restituion even if it has been passed in favour of husband as either party can file it.
Even in case of exparte decree, she has right to file the same after one year of decree provided no restitution has been there.