Wife from foreign country came to marry in India and lived just 25 days with Husband in India. After 25 days she went back to foreign country. After six months of the marriage, Wife had stopped to receive telephone calls and did not give any response to Husband. Wife’s family members (in India) told to husband that wife does not want to keep relation with husband. Then, a divorce petition entered by so called power of attorney of wife u/s.13(1)(i a) of H.M. Act before two years. Then, after two years, the petition u/s. 13(1)(i a) of H.M. Act was converted to Section 13B of H.M. Act by keeping husband under force and POA of wife. Then, Husband has withdrawn his consent from the petition u/s.13B of H.M. Act of mutual consent divorce stating that He wants to sustain their marriage life and consent in petition u/s.13B of H.M. Act has taken under force. Family district Court has dismissed the both petitions-(1) The petition u/s. 13(1) (i a) of H.M. Act and (2) The petition u/s.13B of H.M. Act. There is no any pending case in Court now.
Que: Can Husband apply for Restitution of Conjugal rights under Section 9 of The Hindu Marriage Act, now after two years of desertion by wife?
