Judgment

S. Saghir Ahmad, J.—This Special Leave Petition was dismissed by us on 10.9.1999. We, hereinbelow, give our reasons for dismissing the Special Leave Petition.

2. The petitioner who is a member of the Indian Army was married with the respondent on 10th of May, 1990. Since the petitioner was posted away from his home, he left the respondent with his parents living jointly with his elder brother and his family at the family house in Village Kota, Police Station Galaoti, Tehsil and District Meerut. This, according to the petitioner, was not liked by the respondent who insisted that the petitioner should take leave from Army and stay with her at her parent’s house. It is said that in 1991, the respondent left the petitioner’s family house and went away to her father’s house. She refused to come back to the family house of the petitioner in spite of petitioner’s father and elder brother having gone to the respondent to persuade her to come back. On her refusal to come back, a notice was sent to the respondent on 5th of August, 1991 for resti­tution of conjugal rights but the respondent still did not come back to the petitioner’s family house in District Meerut and, therefore, in