MODI, J.—This is a civil miscellaneous first appeal against the order of the District Judge, Ajmer, dated August 8, 1972, rejecting the petition of the appellant under sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act").

2. The facts of the case are that the appellant is a resident of Ajmer while respondent is a resident of Adipur, district Bhuj in Gujrat. They were married at Ajmer according to the Hindu rites on November 5, 1964, At the time of the marriage, the appellant was in service at Didwara near Ajmer and the respondent was in service at Adipur. It appears that during the vacations, the respondent used to come to Ajmer and reside with her husband. This sort of life continued up to May, 1969. Thereafter the respondent left service and commenced living permanently with her husband. A daughter was born to the respondent on August 14, 1967. On or about April 6, 1969, the respondent left Ajmer and went to Adipur in connection with the marriage of her sister. Thereafter, she joined service at Anand in Gujarat State as a school teacher. When the respondent did not return to Ajmer to live with the appellant, the latter, on January 31, 1970, moved the petit

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