Sarojnei Saksena, J.

1. Husband-appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the Act) against the judgment delivered by Shri S.C. Aggarwal, Additional District Judge, Gurdaspur, in Hindu Marriage Act Case No. 53 of 1989, filed under Section 9 of the Act.

2. Uncontroverted facts of the case are that the parties were married on December 6,1987. In this wedlock the respondent gave birth to a son on February 27,1989. They lived together in the matrimonial home at village Babowal upto March 30,1989. Since then they are living in their parental homes.

3. Appellant-husband filed a petition for restitution of conjugal rights, alleging that immediately after marriage the respondent was insisting for a separate residence, but due to his family circumstances he was enable to accede to her demand. She left the matrimonial home in July, 1988. In September, 1988 she was brought back by his parents. On March 30,1989, when the child was about a month old, respondents mother, her sister with her husband came to take back the respondent and the child. The appellant declined to sent her on the ground that let the child be of 40 days. On March 31,