(2)[ Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment)Act, 1970, may present a petition for divorce to the district Court on the ground(i)that there has been no resumption or cohabitation as between the parties to the marriage for a period of one year or upwards after 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 in a proceeding to which they were parties.][27-A. Alternate relief in divorce proceedings [Inserted by Act 68 of 1976, Section 28 (w.e.f. 27.5.1976).].In any proceeding under this Act, or a petition for dissolution of marriage by decree of divorce, except in so far as the petition is founded on the ground mentioned in clause (h)of sub-section (1) of section 27, the Court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.] [Inserted by Act 29 of 1970, Section 3 (w.e.f. 12.8.1970).]
