IN SUMITRA MANNA V. GOBINDA CHANDRA MANNA [AIR 1988 CAL. 192]

IN SUMITRA MANNA V. GOBINDA CHANDRA MANNA [AIR 1988 CAL. 192]

It was held that while failure to comply with an order for alimony or maintenance may benefit the wife in obtaining a divorce decree under Section 13(2)(iii) of the Act, no such advantage is afforded to the husband in obtaining a divorce decree against the wife under Section 13(1-A). Therefore, the husband cannot be considered to be taking advantage of such non-payment within the meaning of Section 23(1)(a) while pursuing his petition for divorce under Section 13(1-A). However, this case presents a narrow perspective and does not accurately reflect the legal position.