JUDGMENT:- This is a wife's Second Appeal challenging the validity and propriety of a decree passed by the learned Assistant Judge, Dhulia, on August 2, 1972, passed in favour of the husband for restitution of conjugal rights. The decree was passed by the learned Assistant Judge, Dhulia who set aside the decree passed by the Civil Judge, Senior Division, Dhulia dismissing the husband's petition under Section 9 on the ground that the husband had failed to prove that wife's withdrawal from his society was without reasonable excuse.

2. The findings of the trial Judge were based on careful appreciation of the oral evidence of the husband and his witness on the one hand and the wife and her witness on the other and also the documents on record produced by both the sides. The learned trial Judge observed:

"It is not disputed that the parties were married in 1963. It appears that they cohabited at Nawapur for about 6 or 7 years. There are three issues out of the marriage. At the time of the birth of the third issue (a daughter) disputes appear to have arisen between the parties. It appears from the evidence that the relations between the father of the petitioner and the father of the respon

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