JUDGMENT - 1. This is an appeal by the husband against the order of the City Civil Court dismissing his petition for restitution of conjugal rights, and granting alimony to the wife at the rate of Rs. 40/- per month. The petition was made under the provisions of the Hindu Marriage Act, 1955, and the ground upon which it was based was that in spite of repeated requests, the wife had refused to go and live with him in the written statement filed by the wife it was contended that she was constantly being ill-treated by her mother-in-law with the connivance of the husband and that she was ultimately driven out of the house. Accordingly, it was submitted that the husbands petition for restitution of conjugal rights be dismissed and that provision for her maintenance be ordered to be made. Both the wife as well as the husband led evidence in support of their respective contentions. The learned Judge, after considering the evidence and the other circumstances of the case held that the allegations made by the wife in her written statement were true, that she had every justification to refuse to go back and live with the husband and that, therefore, no decree for restitution of conjugal rig

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