JUDGMENT -MOHITE R.S., J.:---Heard Shri Deshpande, Advocate for the petitioner and Shri Vishwarupe, Advocate for the respondent.

2.Rule. By consent, Rule is made returnable forthwith.

3.This is a writ petition challenging an order dated 17-9-2002 passed by the Principle Judge, Family Court, Nagpur, below Exh. 13 in Petition No. A-144/2002. The main petition has been filed by the respondent husband for restitution of conjugal rights. The parties were married on 22-7-1999. It is not in dispute that after marriage, the husband and wife came to reside at the residence of the father of the respondent at Nagpur. The respondent was residing there for short time till 27-7-1999, on which date he left for United States of America to pursue his career. The wife stayed at her parents house till 24-8-1999, after that she left for U.S.A. to join her husband. The wife returned on 22-9-2000 for Diwali vacation and husband also returned for vacation on 11-10-2000. Thereafter, for a few days, they were residing at the parental place of the respondent. It is contended that the residence of the parties at the parental place of the respondent-husband was for a short and temporary period and hence they ca

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