JUDGMENT :- This civil miscellaneous second appeal is filed by the husband against the order of the District Judge, Madurai dismissing the petition for restitution of conjugal rights against his wife. The trial Court allowed the petition for restitution of conjugal rights. But on appeal the lower appellate Court dismissed the petition for restitution of conjugal rights.

2. The main ground on which the petition for restitution of conjugal rights is based, is that, in spite of his earnest attempts to bring the wife to his house, the wife, without reasonable cause, refrained from joining him. The defence is that the wife was never properly treated, that she was forced to file a maintenance suit against the husband which resulted in a compromise decree, that, even, thereafter, the husband did not take any effort to act according to the compromise decree, and that, as a result of it, she could not join the husband. It has also been stated that the petition for restitution of conjugal rights was filed after an inordinate delay.

3. The facts, briefly stated, are : The appellant and the respondent lived as husband and wife for a period of five months after their marriage and thereafter, misu

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