( 1 ) THIS is a First Appeal from an ex parte decree passed against the appellant-wife for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

( 2 ) IT is not necessary to state the facts of the case in any great detail for the purposes of the decision of this First Appeal. Suffice it to say, that the parties are Hindus and are said to have been married at Allahabad in the month of May 1977 and to have last resided together at daraganj, Allahabad between May to July 1978, and in July 1978 the wife is said to have departed for her parents home at Jabalpur, and not to have come back in spite of the husbands efforts to bring her back.

( 3 ) THE original petition was presented in the district court at Allahabad on 24-4-1979. By an order dated 28-4-1979 the court of the District Judge Allahabad transferred it to the Court of the iiird Additional District Judge, Allahabad, for hearing and disposal. A summons was thereupon issued by the latter court fixing 25-5-1979 for written statement and 1-6-1979 for issues. The wife did not file any written statement on 25-5-1979. Instead, an application was moved on 1-6-1979 by a local Advocate on behalf