BERI, C.J.—Captain Chand Narain Gautam, the appellant before us, obtained a decree for restitution of conjugal rights from the court of the learned District Judge, Jaipur. Smt Saroj Gautam, the wife of the appellant, appealed to this Court against that decree and the learned single Judge reversed the same, aggrieved by which the husband comes up in an appeal under section 18 of the Rajasthan High Court Ordinance.

2. It is not disputed that Captain Chand Narain Gautam and Smt. Saroj Gautam, hailing from Brahmin families, were married at Bundi on February 11, 1963. They have no issue from this union. At the time of marriage the husband held a Masters Decree in English Literature while the wife was studying in the final year of the Bachelor of Arts. She also obtained later a Masters decree in Political Science. The husband after marriage obtained a Commission in the Army and the couple came to live at Panjim (Goa) and Panchmarhi (M.P.) and last resided together at Chaksu near Jaipur. The husband is now employed in the Border Security Force.

3. The husband presented a petition on February 18, 1969 saying that after marriage he encouraged his wife to prosecute her studies and in spite of

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