M. S. Liberhan, J.

1. By this appeal, the appellant impugned the judgment and decree of the Additional District Judge, Ludhiana, declining the petition of the appellant for restitution of conjugal rights under the Hindu Marriage Act (hereinafter called the act ).

2. The appellant claimed, she and the respondent were Hindus and married at Ludhiana on December 22, 1976, according to Hindu rites. A daughter was born on July 21, 1978. The appellant admitted in her replication that she was married to Girdhari Lal Wadhwa, entered into a compromise with him on January 12, 1976 in criminal proceedings, and alleged that as per her knowledge and belief he died on November 30, 1976. She claimed, that she was known and believed to be widow on December 22, 1976.

3. The respondent refused the claim of the appellant. The marriage, birth of the child and the relationship of husband and wife were denied. The appellant was asserted to be the legally wedded wife of Girdhari Lat Wadhwa son of Ram Lal with whom she went to Delhi in terms of the compromise dated January 12, 1976. Girdhari Lal Wadhwa was said to have died on March 24, 1982. It was further averred that the appellant claimed hersel