esteemed experts pl. help me in following query regarding section 13(ii)hma which reads as follows:
Either party to a marriage, whether solemnized 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-
i.that there has been no resumption of cohabitation as 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 they were parties; or
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 .I am not clear about this phrase"in a proceeding to which they were parties" does this exclude ex parte rcr decree from its purview pl. enlighten me on it.
