I. S. ISRANI, J.

( 1 ) THIS appeal is directed, against the judgement and decree dt. 5th Sept. 1985, passed by the learned District Judge, Jaipur city, Jaipur, under S. 28 of the Hindu Marriage Act, 1955 read with S. 96 of the C. P. C. in Civil Misc. (Marriage) case No. 73/83. Whereby the appellants application under S. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) was dismissed and a decree for restitution of conjugal rights was passed in favour of the respondent.

( 2 ) THE appellant filed an application under S. 13 of the Act, in which it was stated that the marriage of both the parties took place on 22nd Nov. , 1978 at Jaipur according to the Hindu rites and customs. It was further stated that the respondent lived with the appellant in his house at Jaipur up - till April 1980. She left the house of appellant and went away with her father of her own desire. It was further asserted in the application that respondent Mst. Krishna Devi, is of incurably unsound mind and has been suffering from mental disorder, on account of which she becomes abnormally aggressive and irresponsible in her conduct. In that state of mental disorder she behaves cruely w