JUDGMENT - Desai S.K.J.-This is a Second Appeal filed from the decision given by the learned Assistant Judge, Dhule, in Civil Appeal No. 69 of 1976 on the District Court file, holding that the appeal before him had abated with effect from 8-7-1977. In order to understand the points in controversy the following facts may be noted.

2. The appellant before me is one Kamlabai who was married to Ramdas Ingale on 13-5-1956. A child, daughter by the name of Pratibha was born to the said couple on 7-8-1959. It appears that some time in 1962, according to the husband, the wife suffered from some illness and a matrimonial petition was filed by the husband in the Bombay City Civil Court at Bombay on the ground of wife's insanity or unsoundness of mind. On 10-4-1964 the said petition was withdrawn. Be~ween September 1965 and February 1968 Ramdas proceeded to the United Kingdom for further studies. After his return he filed a matrimonial proceeding viz. a petition for restitution of conjugal rights in the Court of the Civil Judge, Dhule. This proceeding was compromised. The wife submitted to a decree and it appears that for a few months there was actual cohabitation. Again, according to the husb

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