Judgement

SHAH, J. : On July 25, 1958 the parties to this appeal were married under the Special Marriages Act 43 of 1954. There was a child of the marriage. Alleging that on November 10, 1959, his wife Veena-who will hereinafter called the respondent -had without reasonable cause deserted him and had failed to return and live with him in spite of repeated request, the husband, M. P Shreevastava-hereinafter called the appellant - filed a petition in the Court of the District Judge, Delhi, for a decree for restitution of conjugal rights This petition was decreed ex parte on March 13, 1961. On May 21. l961 the respondent returned to the residence of the appellant and offered to live with him. She also wrote letters to the appellant requesting him to allow her to go to his house and live with him as his wife but the appellant refused to receive the letters. Attempts made through certain friends of the family to persuade the appellant to take the respondent back into the marital home were also unsuccessful. The respondent then applied to the District Court. Delhi, for an order that the decree he recorded as satisfied, since the appellant had failed and neglected to allow the respondent