JUDGMENT :

G. A. SANAP, J.

The appellant-original petitioner has challenged the judgment and decree dated 1-10-2019 passed by the learned District Judge, Amravati in Special Marriage Petition No. 6/2017, whereby the learned Judge dismissed the petition seeking the decree of restitution of conjugal rights.

2. The facts giving rise to this appeal are as follows :—

The Special Marriage Petition was filed under section 32 of the Indian Divorce Act, 1869. It is the case of the appellant that he and respondent got married on 4-11-2016. The marriage was registered. It is alleged that one day prior to the reception of their marriage one Prakash David Ghule had made a telephone call to the appellant and informed him that respondent was already married with him. The appellant did not believe it and therefore, ignored the same. After marriage, the appellant and respondent resided at Amravati for few days and afterwards shifted to Pune. The appellant is doing job at Pune. The respondent is doing job at Aurangabad. It is alleged that after few months of the marriage, the appellant noticed change in the behaviour of the respondent. The respondent would not stay at home even on Sunday and other Gover