JUDGMENT:- O.P. No.99 of 1962 out of which the appeal arises was instituted by the respondent-husband Krishnaswami Achari against the appellant, his wife Kanna alias Mahalakshmi Ammal under S.9 of the Hindu Marriage Act for a decree for restitution of conjugal rights. The learned Subordinate Judge of Ramanathapuram had decreed restitution; and on appeal the learned District Judge of Ramanathapuram had confirmed the said order. Hence the appeal by the wife.

2. The marriage between the parties took place in the year 1951 and they were both living together amicably in the adjacent houses divided only by a partition wall and the appellant gave birth to two daughters, the last of whom was born in the month of Avani, 1959, in the house of the appellant's parents.

3. The respondent-husband claims that, after the birth of the second child, the appellant did not go back to the respondent's house, as a result of a dispute between her father and the respondent in respect of a partnership business which they were carrying on before. The respondent's attempts to persuade the appellant a number of times from 1959 onwards to come and live with him have failed and the intervention of Sarava