1. This appeal is directed against the judgement and decree dt. 31-71985 of the learned Additional District Judge (3), Kurukshetra, whereby he allowed an application under S.9 of the Hindu Marriage Act, 1955 (hereinafter called the Act ) filed by Smt. Parmeshwari respondent and passed a decree for restitution of conjugal rights against Parkash Chander appellant.

2. A petition under S.9 of the Act was filed by the respondent on 29-1-1982 alleging therein that marriage between her and Ishwar Singh, brother of the appellant, was solemnised at village Barsana, district Kurukshetra, according to Hindu rites and customs in the year 1959. Ishwar Singh was employed in the Indian Army at the time of marriage. He became lunatic during his service and consequently was discharged from the Army in the year 1961. Thereafter, he remained unheard of for more than 7/8 years and was still unheard of at the time of filing of the petition and was presumed to be civilly dead. No child was born from her womb from the loins of Ishwar Singh. A suggestion/proposal was put to her parents by the appellant s parents and his near relations that she should enter into a karewa marriage with him - he bein