N.P. Gupta, J.-This appeal has been filed by the unsuccessful husband, against the judgment and decree, of District Judge Banswara, dt. 19-1-91 dismissing the appellant’s petition for dissolution of marriage.

2. Facts of the case are that the parties belong to Hindu religion and were married according to Hindu rites on 7-2-1981. Out of the wedlock one son is born. The case of the husband is that on 21-8-83 the respondent went along with her father, under the pretext of celebrating Rakhi, with an assurance to return within a month, and since then has not returned to the matrimonial home. According to the appellant he wrote many letters, himself went to fetch her, sent his brother Bharat Singh, father Gulab Singh, and one Manohar Singh 2-3 times to fetch her, but all in vain. Thus according to the appellant the respondent has deserted the matrimonial home without any justifiable cause, and she is not discharging her conjugal obligations. It was also contended that, the wife submitted application for maintenance in the Ahmedabad Court, wherein maintenance has been awarded, and in that application it was pleaded by the wife that she does want to go to matrimonial home. It was a