H.R.Khanna, J.

1. This is an appeal by Madan Mohan against the judgment and decree of learned Subordinate Judge 1st Class, Delhi, whereby he dismissed the petition of the appellant under Section 9 of the Hindu Marriage Act for a decree for restitution of conjugal rights against Shrimati Sarla Kohli respondent.

2. The parties were married, according to Hindu rites, on 1st February 1960 at Delhi. The appellant is a Matriculate and is employed as a clerk in a Bank, while the respondent is a Graduate and is employed as a coin-note examiner in the Reserve Bank of India. New Delhi. After the marriage the parties lived together for about 4 or 5 months whereafter the respondent started living at the house of her parents. In November 1960 the respondent gave birth to a daughter, who is now living with the respondent In July 1961 attempts were made for reconciliation and the parties lived together for about ten days Since then the respondent is living separate from the appellant. A petition was filed on 12th June 1962 by the respondent, against the appellant under Section 10 of the Hindu Marriage Act for Judicial separation but the same was dismissed in default on 5th March 1963 when