KAN SINGH, J.—This is a husbands appeal directed against the judgment of the learned District Judge, Ajmer dated 23-12-71 dismissing the wifes petition for restitution of conjugal right under sec. 9 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "Act".

2. Since it was the respondents petition that was dismissed, the question arises at the threshold of the arguments whether the husband has a right of appeal. Whereas learned counsel for the respondent contended that he has no such right, learned counsel for the appellant has canvassed that inasmuch as the judgment adversely affects the appellant-husband in that the learned Judge has found that the respondent is still the wife of the husband he has a right of appeal.

3. The relevant facts are briefly these. The spouses belonged to the Koli community which is a scheduled caste. There was a little confusion because at some places the wife has described herself as a Rajput, but both the learned counsel are agreed that the parties are Kolis by caste. The word "Rajput" may have been used on account of their sentiments for tracing their ancestry from Rajputs. They were married according to the Hindu rites on 16-2-64. Two s

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