( 1 ) THESE two appeals are preferred by the husband against the judgment and decree of the trial Court refusing restitution of conjugal rights, and allowing the wife a child's custody briefly, in the following circumstances. The petitioner-husband, who is the present appellant, made an application for restitution of conjugal rights against the respondent No. 1, Dulari Bai. His case, briefly, is that he married the respondent No. 1 according to Hindu rites in the month of February, 1955 at a place known as Terhiparha within P. S. Kharagpur, District Midnaporc. After their marriage they continued to live as husband and wife when a daughter was born who, however, subsequently died. Thereafter, another daughter Sukundraj and a son Kishen Singh were born out of their wedlock. Although, they lived happily for a number of years as husband and wife, the respondent No. 2, the mother of respondent No. 1, a woman of questionable character in conspiracy and collusion with others forcibly took away the respondent No. 1 with her baby daughter, from his house with the help of Police. In spite of requests and demands the opposite party No. 1 failed to return to the matrimonial ho