( 1 ) THE parties to this Second Appeal were married in village Sander District Mehsana according to Hindu riles some time in the year 1961. The husband contends that they last resided together in Bhavnagar in the month of December 1970 and thereafter his wife deserted him and refused to resume cohabitation. On this ground he filed a petition No. 39/71 in the court of the learned Civil Judge Senior Division Bhavnagar under sec. 9 of the Hindu Marriage Act 1955 hereinafter called the Act for restitution of conjugal rights. The respondent wife though served with the summons of the said petition did not enter appearance and allowed it to be disposed of ex parte. The learned Judge framed issues at ex. 6 and came to the conclusion that the respondent wife had without reasonable excuse withdrawn from the society of the husband. He therefore granted a decree for restitution of conjugal rights under sec. 9 of the Act on 23rd August 1971 The certified copy of the judgment in the said petition is at ex. 29. After the said decree was passed in favour of the husband the respondent wife was served with a a notice dated 1st February 1971 informing her of the decree for restitutio