JUDGMENT :

A.D. DESAI, J.

1. This appeal is directed against the judgment and decree passed by Mr. V. V. Bedarkar, District Judge, Rajkot in Civil Appeal No. 62 of 1969 by which he reversed the decree of dissolution of marriage passed by the learned trial Judge in Hindu Marriage Petition No. 7 of 1968. The facts giving rise to this appeal to state briefly are that the appellant husband married according to the Hindu rites the respondent on or about March 6, 1961 at village Dhrol. After marriage the parties cohabited at Rajkot and the respondent had a son by the appellant on November 4, 1962. According to the appellant the respondent left his house and went to her parents' house. Finally she came to his house in January 1965 and lived with him upto April 25, 1965. Thereafter she had not come to his house inspite of his several attempts to call her. The appellant, therefore, filed Hindu Marriage Petition No. 260 of 1965, claiming a decree for restitution of conjugal rights. In the said petition an order granting restitution of conjugal rights was passed on February 28, 1966 and the decree in pursuance of the judgment was signed on March 28, 1966. The respondent did not abide by the dec