JUDGMENT :- This is an appeal by a Christian husband against the order dated 3-2-1965 of the learned District Judge, Kanyakumari, dismissing his petition O. P. No. 41 of 1964 filed under Section 32 of the Indian Divorce Act, 1869, for restitution of conjugal rights. The appellant and the respondent Abraham Nadachl, were married according to the Christian rites in 1956. The petition itself starts by saying that there was an estrangement between the parties. As a result thereof, the wife filed M. C. No. 31 of 1961 before a Magistrate under Section 488 of the Criminal P. C. and obtained an order for maintenance of Rs. 25/- per month. The date of this order appears to be 2-3-1962. The husband for his part, filed O. P. No. 44 of 1962 for restitution of conjugal rights in the Court of the District Judge Kanyakumari. The appellant, however, did not press that petition and an endorsement was made by him on 28-3-1963 to the following effect. "It is unnecessary to proceed with the petition.'' The wife and her counsel made an endorsement "I agree". That petition was accordingly dismissed. (After discussing the evidence in Paras 2 to 17 his Lordship proceeded).

18. It is thus abundantl