1. Aggrieved by the Judgment and decree passed in Special Marriage Petition No.06 of 2009 by the Court of District Judge1, Jalgaon on 22.04.2016, the respondent therein has filed the present appeal.

2. The present respondent had filed the aforesaid petition under section 22 of the Special Marriage Act seeking restitution of conjugal rights. In the said petition, the present appellant filed a counter claim thereby praying for grant of divorce against the petitioner. The learned District Judge has granted the decree of restitution of conjugal rights in favour of the respondent and has dismissed the counter claim filed by the present appellant, seeking a decree of divorce. Aggrieved by, the present appeal is filed.

3. Heard the learned Counsel appearing for the parties. Perused the impugned Judgment and the evidence adduced before Court below.

4. It is not in dispute that, the appellant and the respondent got married on 12th September, 2008 and their marriage was registered under the provisions of Special Marriage Act, 1954. It is also not in dispute that, it was the love marriage.

5. It was the case of the respondent before the Trial Court that, though her marriage with the pre