( 1 ) M. Satyanarayana and Veeramam the two were married in 1965. Among the four children they had, three are daughters of the age group of 12, 10, and 5 years. Their one son died. They were living separately from 1974. The husband sought for restitution of conjugal rights under Section 9 of the Hindu Marriage Act XXV of 1955 (the Act) on 15/03/1975. Earlier he received notice Ex. A- 2/01/1975) and sent a reply Ex. A- 3/01/1975 ). Soon thereafter on 23/10/1975 the District Munsif of Sriharikota at the instance of the wife ordered the husband to pay maintenance per order Ex. B-1 in M. C. No. 8 of 1975. The wife stated the above facts and resisted the petition inter alia to contend the petition is not bona fide. She averred the petition was a counterblast to defeat the order of maintenance passed on 23/10/1975. That they were living separately and the husband had deserted her.

( 2 ) THE spouses gave evidence. Two more persons, one each were examined as their respective witnesses. The First Additional Subordinate Judge at Visakha-patnam rejected the prayer of the husband for restitution. Hence the above appeal by the husband.

( 3 ) IN recent past Section 9 of the Act was