V.K.Jhanji, J.

1. This is husbands appeal directed against the judgment dated August 1, 1988 of the learned Additional District Judge, Hoshiarpur whereby petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (for short the Act) has been dismissed.

2. Marriage between the parties was solemnised according to Hindu rites on 7.2.1984 at Mukerian and subsequent there to they lived together resulting in the birth of a son on 12.1.1985. The husband Anil Kumar (appellant herein) brought a petition against his wife Kiran Bala (respondent herein) for restitution of conjugal rights under Section 9 of the Act alleging therein that after the marriage, the respondent stayed with him for week or so and then went away to her parents. His case has been that from the very beginning, the respondent insisted for separate mess, residence and business without any reason whatsoever. He averred in his petition that he has been living with his mother and two married elder brothers jointly and had been doing business with his brothers; that there was a joint mess and residence and it was not possible for him to take such a drastic step for separation immediately after