JUDGMENT :

1. This is an old appeal. On the last date, none had appeared to oppose the appeal. Accordingly, we directed the appeal to be listed peremptorily, today. Sri S. Chatterjee, learned counsel for the appellant has placed on record notice sent to the counsel for the respondent informing him about the date fixed.

2. List has been revised. None has appeared for the respondent in either call. Accordingly, the appeals have been proceeded.

3. First Appeal No. 447 of 2010 has been filed under Section 28 of the Hindu Marriage Act, 1955 arising from judgment and order dated 23.7.2010 passed by Additional District Judge, Court No. 1, Ballia, in O.S. No. 57 of 2003 (Smt. Kanchan Dwivedi Vs. Basant Kumar Dwivedi), whereby the learned Court below has decreed the suit proceeding and granted decree for restitution of conjugal rights, in favour of the respondent. By separate order dated 23.7.2010, passed by District Judge, Court No. 1, Ballia in O.S. 286 of 2002, the learned Court below has dismissed the divorce suit instituted by the appellant.

4. We have first heard learned counsel for the appellant in First Appeal No. 447 of 2010 arising from decree for restitution of conjugal rights.

5. Rel