Vishnudeo Narayan, J.

1. This appeal at the instance of the appellant-wife is directed against the impugned judgment and decree dated 21-12-1991 and 8-1-1992 respectively passed in Matrimonial Title Suit No. 5 of 1989 by Shri J.K. Narayan, 2nd Additional Judicial Commissioner, Ranchi whereby and whereunder the matrimonial title suit filed by the

petitioner/respondent-husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of his conjugal rights with his appellant-wife was decreed and the appellant was directed to live with her husband or leading conjugal life and to render marital obligation within two months from the date of the decree.

2. The respondent-husband filed the Matrimonial Title Suit No. 5 of 1989 for restitution of his conjugal rights with his appellant-wife as she has withdrawn from his society without any reasonable excuse.

3. The case of the respondent-husband, in brief is that the appellant is his lawfully wedded wife and their marriage has been performed in accordance with Hindu religion and rites on 7-12-1981 at Indrapuri, P.S. Sukhdeo Nagar, District-Ranchi and his appellant-wife came to her matrimonial home and she led her conjugal life with him and the marriage was consummated and during that period of their wedlock, she was blessed with a son on 27-5-1983. It is alleged that after the birth of their son, the mother of the appellant came to his house and she expressed her desire to take the appellant alongwith her new born child to her house for their proper" care and also for preparation of B.A. Examination of the appellant as the appellant had intended to appear in the B.A. Examination, 1983 and the appellant with her son went to her parents house on 11-7-1983 with her mother due to the reason of the marriage of her younger sister. Thereafter, he visited the parents house of the appellant several times and asked the appellant to live with him in his house at Morabadi, Ranchi but she evaded the same on one pretext or the other and his request to the parent of the appellant for her "Bidai" from therefor leading conjugal life with him, was also refused and this led to strained relationship between him and the mother of the appellant, who has complete dominion over the appellant. It is alleged that thereafter, he managed to meet the appellant on the road and in the month of December 1983 he requested her to lead happy conjugal life with her but she refused flatly and stated that she is a graduate having a son and she will stand on her own legs, but inspite of that he went on approaching her on several occasions between the period of 1984 to 1988 for leading conjugal life together and finally on 4-1-1989 but all in vain. It is also alleged that the appellant has withdrawn herself from his society without any just and reasonable excuse.

4. The case of the appellant-wife, inter alia, is that after her marriage she came to her matrimonial home where she led her conjugal life with her husband but she was treated with cruelty by him and he also took all her ornaments which were given to her by her after and he also used to assault and abuse her and in course of her conjugal life with him she came in the family way and went to her parents house. It is alleged that her husband came to her parents house on 8-3-1982 and requested her parent to send her for a day to his house for worship and she came to her matrimonial home with her husband in the company of her brother, but instead of taking her to his house at Marabadi he brought her to his house at Hoogly and on pretext of her treatment she was given injection as a result of which bleeding ensued and her conception was terminated and aborted and he left her alone with his brother and in State of unconsciousness she returned to her parents house alongwith her brother and she was treated in the nursing home of Dr. Malti Sahu for ten days and her life was saved and despite of the advice of Dr. Malti Sahu she did not lodge any criminal case against h