JUDGMENT : PRADEEP NANDRAJOG, J. 1. Notwithstanding no assistance rendered to this Court by either party for the reason neither counsel is appeared, we have perused the record and the impugned decision. 2. As per Section 13(1A) (ii), a marriage can be dissolved by granting a decree of divorce on the ground that there has been no restitution of conjugal rights 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 proceedings to which they were parties. 3. At the trial, the appellant proved, as pleaded in the petition seeking divorce, that filed in the year 2008, on 23.06.2010 the learned Family Court had granted a decree for restitution of conjugal rights in his favour and against the respondent. 4. In the petition seeking decree of divorce which was filed in the year 2012 i.e. more than after 1 year of passing a decree for restitution of conjugal rights he pleaded that there was no resumption of cohabitation between couple. 5. He deposed said fact in his testimony. 6. Vide impugned decision dated 15.04.2015 the learned Judge, Family Court has taken the view that after the appellant obtained the decree for restitution of conjugal rights he took no legal steps to enforce the decree. That he did not send any notice to the respondent to join the consortium. 7. Now, the decree for restitution of conjugal rights is not an executable decree. A wife cannot be compelled to live with her husband. That the appellant did not send notice to the wife to join the consortium in terms of the decree for restitution of conjugal rights is neither here nor there for the reason while passing the decree the learned Family Court had held that the respondent had left the matrimonial house without any justified cause. 8. Under the circumstances the appeal is allowed. Impugned judgment dated 15.04.2015 is set aside. Petition filed by the appellant seeking decree of divorce is allowed annulling the marriage as per Section 13 (1A) (ii) of the Hindu Marriage Act, 1955.