Kanhaiya Singh, J.

1. These two consolidated appeals arise out of two applications under section 9 of the Hindu Marriage Act (XXV of 1955) for the restitution of conjugal rights and have been heard analogously. In Miscellaneous Case 5 of 1957 giving rise to First Appeal 568 of 1958, Ram Chandra Mandal is the petitioner and his wife Urmila Devi is the opposite first party. In Miscellaneous case 6 of 1957. out of which First Appeal 567 of 1958 has arisen, Gopi Mandal is the petitioner and his wife Putul Devi is the opposite first party. Both the petitioners are full brothers and their wives are also full sisters. Gudri Mandal, the father of the two girls, is impleaded as opposite second party. I may state that Nokhey Mandal and Dasrath all also had been impleaded as opposite second party in both the cases.

Both the husbands had instituted criminal cases for prosecution of Gudri Mandal, Nokhey Mandal and Dasrath Lall under Sec. 498 of the Penal Code on the allegations that they, in collusion with one another, were detaining their wives for immoral purposes and for remarriage, but those cases ended in acquittal on 4-10-1956. About three months thereafter, the present applicatio