( 1 ) THIS Civil Revision Application under Sec. 115 of the Code of Civil Procedure is directed against the order dated 21/01/1999 passed by the City Civil Court, No. 9, Ahmedabad City, below Application Exh. 45 in Hindu marriage Petition No. 72 of 1996.

( 2 ) ). The petitioner and the respondent who will be hereinafter referred to as the wife and husband, were married on 6/12/1994, at Ahmedabad. They resided together at Bombay upto 29/03/1995. In the end of March 1995, the wife was sent or came back to Ahmedabad to appear in the examination. The wifes case is that the husband did not take her back to Bombay after the exams were over and the case of the husband is that the wife did not return. The husband then filed a petition for divorce under Sec. 13 of the Hindu Marriage Act against the wife on the ground of non-consummation of marriage and the physical as well as mental cruelty, on 7/02/1996, in the City Civil Court, at Ahmedabad, which was registered as Hindu Marriage Petition No. 72 of 1996. The wife preferred a petition for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act in the family Court Bombay on 11/06/1996 which was registered as MJA