1. This appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against judgment and decree dated 05.09.2022 passed by the Family Court by which petition filed by the appellant under Section 13(1)(A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as ' the' for short) has been dismissed.

2. Facts leading to filing of this appeal briefly stated are that the marriage between the parties was performed on 02.12.1999. The parties resided separately since, 2006. Thereupon, the respondent / wife filed a petition seeking restitution of conjugal rights. The aforesaid petition was allowed by the Family Court by a judgment and decree dated 26.03.2015. However, the appellant neither complied with the judgment and decree passed by the Family Court nor made any attempts to comply with the judgment and decree.

3. The appellant filed an appeal against the aforesaid judgment and decree by which petition filed by the respondent - wife under Section 9 of thewas allowed. Thereafter, the appellant filed this petition seeking dissolution of marriage under Section 13(1A)(ii) of theinter alia on the ground that the judgment and decree passed in favour of respondentwife for restitution of conjugal rights has not been given effect to. The aforesaid petition has been dismissed by the Family Court. In the aforesaid factual background, this appeal has been filed.

4. Learned counsel for the appellant submitted that the appellant is entitled to a decree under Section 13(1A)(ii) of theas the decree for restitution of conjugal rights was not given effect to. The Supreme Court in 'T.Srinivasan vs. T.Varalakshmi (Mrs)', (1998) 3 SCC 112 [LQ/SC/1998/104] has held that husband taking advantage of his own wrong, is not entitled to a decree under Section 13(1A) of the. In the instant case, the appellant did not take any steps to implement the decree passed in favour of respondent-wife. On the other hand, the appellant filed an appeal against the aforesaid judgment and decree. Therefore, the appellant - husband cannot be permitted to take advantage of his own wrong in view of Section 23(1)(a) of the Hindu Marriage Act, 1955. We are therefore, not inclined to entertain the appeal, the same is accordingly dismissed.