( 1 ) THIS appeal under Section 28 of the Hindu Marriage Act, 1955 is by the plaintiff-husband against the decree, dated 23rd August 1961 passed by Shri P. V. Muzumdar, First Additional District Judge, Indore, in Civil Suit No. 22 of 1960 dismissing the petitioner's claim for restitution of conjugal rights under Section 9 of the Act.

( 2 ) THE appellant had presented his petition in the Court of the District Judge who, however, transferred the case for trial to the Court of the First Additional District judge, Indore, in pursuance of a distribution memo dated 1st January 1960. The appellant sought restitution of conjugal rights on the allegation that the respondent had been married to him on 18th June 1941 and that she had left her husband's house some time in the year 1959 without any reasonable cause. It was also alleged that there were five issues born to the parties after the marriage.

( 3 ) THE respondent denied that she was the married wife of the appellant. She also alleged that she feared physical injury at the hands of the appellant. She further alleged that the appellant's married wife lives with him in his own house.

( 4 ) THE trial Judge held that the respondent had bee

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