Honble TATIA, J.–This misc. appeal has been preferred to challenge the judgment and decree dated 18.5.2006 by which the Judge, Family Court, Jodhpur decided two petitions, one filed by the appellant Prakash under Section 13 of the Hindu Marriage Act and another filed by respondent Smt. Kavita under Section 9 of the Hindu Marriage Act. The trial court dismissed the appellants petition under Section 13 of the Hindu Marriage Act and granted decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in favour of the respondent by the same judgment which is impugned in this appeal.

(2). Brief facts of the case are that the marriage of the appellant and respondent took place on 9.5.1997 at Jodhpur according to Hindu rites. According to the appellant, the respondent on the date of marriage itself, disclosed that she does not like appellant and she married appellant only because of the fact that her elder sisters marriage was already fixed and respondents mother and father were willing to solemnized the marriage of both of their daughters together and,therefore, under pressure she agreed for marriage. She disclosed that she was interested in marrying with well educa

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