( 1 ) THIS appeal is directed against the judgment and decree dated 28th November, 1984 in Matrimonial Suit No. 14 of 1984 whereby the learned Additional District Judge, 2nd court, Alipore, 24-Parganas dismissed the suit filed by the appellant-husband against the respondent-wife. The brief facts leading to the filing of the suit are that the appellant and the respondent were married on 4th July 1973 accordingly to Hindu Rites. Right from the date of their marriage, the relation between the spouses became strained and estranged resulting in the appellant filing a suit for divorce under section 13 of the Hindu Marriage Act in 1976. This suit however was dismissed in 1978. On 26th November 1982, the appellant obtained a decree for restitution of conjugal rights under section 9 of the Hindu Marriage Act against the respondent. Even though this decree was passed expert, the respondent undoubtedly had the knowledge of the passing of the decree because she filed an application under section 25 of the Hindu Marriage Act and obtained an order of permanent alimony and maintenance from the court, which had passed the aforesaid decree.

( 2 ) AFTER the expiry of more than one