( 1 ) THIS appeal is by a husband whose application for a decree for restitution of conjugal rights was dismissed by the Civil Judge.

( 2 ) THE marriage between the two spouses was admittedly solemnized in March 1955. While according to the husband they lived together as man and wife for a period of two years thereafter, the wife staled in her statement of objections that they lived together for a short time under the same roof During the course of her evidence she stated that they so lived for about a year

( 3 ) ON the allegation that sometime during the year 1958, the wife went to her parents but never returned despite many efforts made by the husband to get her back, he sought a decree for restriction of conjugal rights.

( 4 ) THE defence to that application was manifold. The husband was charged with incapacity for consummation of the marriage. It was nest said that he attempted to commit sodomy on the wife and that he imputed unchastity to her. That he commenced manhandling her and denied her even food and other comforts of life were the other allegations

( 5 ) THE only two witnesses who gave evidence were the two spouses, the husband supporting his case and