GHULAM MOHAMMED, J.

( 1 ) THIS appeal has been preferred by the appellant-wife against the order dated 2-7-1997 in O. P: No. 213 of 1996 passed by the Family Court, Secunderabad, dismissing the application filed under section 9 of the Hindu Marriage Act seeking restitution of conjugal rights against the respondent-husband.

( 2 ) NARRATION of the factual aspects is as stated below.

( 3 ) ON 9-2-1992, the marriage between appellant and the respondent herein was performed at Mahboob Mansion, Tarnaka, secunderabad. It was a love marriage performed according to the Hindu customs and rites. The marriage was consummated, but no children were bom to them. Both the parties known each other prior to their marriage. The respondent-husband hails from Mudaliar community, and the appellant-wife is Naidu by caste. At the time of marriage, the appellant herein, who is an engineering graduate, was employed in Advanced Radio Mast Limited and the respondent herein is a Diploma holder in printing technology.

( 4 ) THE appellant-wife stated that they both fell in love in 1989 and she helped him in many ways in developing his business since she being a graduate in Engineering, whereas the respondent herein is a diploma holder in Printing Technology and he used to seek the help of the appellant in almost all the matters. It is also stated that after the marriage they went to Tirupathi and she walked up to seven hills along with her husband. The husband thereafter took her to New Delhi, Meerut and Mussori for honey moon. She denied that she was suffering from arthritis. She is a dynamic personality having excellent record in athletics. She stated that she never abused the family members of her husband; that she used to give prior information whenever she visited her mother s house and her friends house and that she used to visit the office of the respondent prior and after their marriage and helped him to develop the business. Except Thali nothing was presented to the appellant; that her mother gave Rs. 10,000. 00 to purchase gold ring and clothes; that she never removed her "thali", that her husband used to beat her unnecessarily; that she maintained good relations with in-laws even after shifting to west Maredpally; that she used to pay visits to her in-laws house; that she also invited her parents-in-law for "pooja" on Deepavali day; that on 14-9-1993 both the husband and wife went to a Hotel and had a dinner and that the husband being a businessman having achieved what all he can, now wanted to get rid of her for one reason or the other. She further stated that she having understood the nature of the respondent s works tried to adjust with him. It is also stated that having achieved everything, the respondent-husband wanted to get rid of the petitioner without any reason.

( 5 ) SHE also stated that the respondent-husband not reported to the house for two days and only on 14-12-1993, he came in the midnight and slept without even talking to her. Before that, she made a call to her in-laws house at Tarnaka and as there was no response, she rang Dr. Mani, who is the respondent s cousin s wife. The appellant threatened her that he is going to file a petition for divorce and he left the house without any reasonable cause. She filed the petition for restitution of conjugal rights against the respondent expressing her wish to join the respondent.

( 6 ) THE respondent-husband stated that the appellant-wife is suffering from acute form of rheumatic arthritis involving severe pain in joints and insisting the husband to shift her to her mother s place at warasiguda, and that she used to indulge in offensive and indecent language while addressing not only her husband, but also his parents. Further, the appellant-wife also used to visit her mother s rented house without the permission of the husband and used to come late in the night; that though the appellant was getting a monthly salary of Rs. 5,000. 00, she was hardly spending anything for the maintenanc

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