JUDGMENT :This Is an appeal preferred by the husband from the appellate judgment and decree of the learned District Judge of Ballia, affirming the decree of the Court of first instance, dismissing the petition for grant of divorce and in the alternative for judicial separation.

2. Admittedly the petitioner-appellant and the respondent were married on 7-2-1960 according to Hindu rites. For some time the husband and wife lived together amicably. According to the case of the husband, in his absence the wife went away on 30th of July 1960 without any cause and without his consent with her father and despite repeated efforts made by him for her to come back, she refused. A notice dated 12-8-1960 was served by the husband on the wife asking her to return. It appears that the wife had conceived when she was living with her husband soon after the marriage and a son was born to her on 25-3-1961 at her father's house. On 28-7-1961 the husband filed a suit against the wife for restitution of conjugal rights. This suit was defended by the wife on the ground that she was turned out of the house by the husband and her mother-in-law after being beaten on 30-7-1960 and her life will be in danger at

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