Judgment Kan Singh, J.-This is an appeal under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as ‘the Act’, by a wife against whom the learned District Judge has passed a decree for restitution of conjugal rights under Section 9 of the Act.

2. Theparties, who were. Hindus, were married according to Hindu rites on 4-5-65 (Baisakh Sudi 3, Samvat year 2022) at Jodh-pur. The husband averred that after the marriage was celebrated the wife did not live with him. He made several attempts to induce his in-laws to scad his wife, but they did not heed. He, therefore, made the application under Section 9 of the Act in the Court of the learned District Judge on 14-12-1968. The wife appeared to be a minor at the time the proceedings were commenced and, therefore, a guardian ad litem was appointed for her. The guardian ad litem resisted the application on a number of grounds. It was pleaded that there was no ‘Muklava’ ceremony and, therefore, the marriage was not complete and then there was bad blood between the parties on account of a beating administered by the husband to the wife and the in-laws. The guardian ad litem of the wife proceeded to say that there was a caste

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