( 1 ) THE present appeal arises out of an application filed by Kailash Kumar Vohra, husband of the appellant, under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The application was based on the ground that Gulshan Kumari, the wife, had withdrawn from the petitioner-respondent s society since 8-4-1958 without any reasonable or justifiable cause. The trial Court allowed the petition and passed a decree in favour of the husband for restitution of conjugal rights. Aggrieved by the said order the wife has come up in appeal.

( 2 ) HAVING regard to the contentions raised at the bar, which shall be discussed hereafter, it is necessary to briefly refer to the pledings of the parties. In the petition it is inter alia stated that.

(A) "the marriage was solemnised between the parties on 17th February, 1957, at Delhi and the parties resided together as husband and wife for abont a year in Kishan Ganj, Delhi, and thereafter in Viney Nagar, New Delhi.

(B) A son was born to them out of the wedlock.

(C) The wife had without reasonable excuse withdrawn from the society of the husband with effect from 8th April 1958.

(D) The wife was again in the family way