JUDGMENT:- Thin Second Appeal is by a husband against whom his wife the respondent, had obtained a decree for restitution of conjugal rights on a petition filed by the respondent under Sec. 9 of the Hindu Marriage Act, before the learned Subordinate Judge of Tiruchirapalli.

2. The appellant married the respondent in 1954 according to Hindu rites and they were living together as husband and wife till 1963. Now, according to the respondent, in the year 1963, there was a big fire accident in Uppiliar Street, Denanallur, Tiruchirapalli and the hut in which she was living with the appellant was also burnt down with the result that they had no place to live in and hence her husband, the appellant, asked her to go and live with her parents and promised to take her back after reconstructing the house and hence she, the respondent, went to her parents' house and was living there But the appellant did not make good his promise to take her back even though he put up a thatched house and began to live there and the appellant has been keeping a concubine by name Angammal in that house and at her instigation and on account of her influence he refused to take her back (the respondent) in