( 1 ) THE appellant Gaya Prasad filed a petition for restitution of conjugal rights in the court of the District Judge, Hoshangabad, which was dismissed by him. He has, therefore, filed this appeal.

( 2 ) IT is not disputed that the marriage between the parties took place in the year 1959. After the marriage, the respondent-wife Suit. Bhagwati lived with the appellant (petitioner) on two occasions; for the first time, she lived with him immediately after the marriage and then for the second time, after about six months of the marriage. The couple lived in the house of the petitioner at bankhedi in the Sohagpur tehsil of Hoshangabad district. The petitioner averred in the petition that in June 1962, his father went to Pachmarhi where the respondent was residing with her parents to fetch her but she was not sent on one pretext or another. He urged that later he himself went to fetch her in the month of July 1962 but she refused to go and thus withdrew herself from the society of the appellant. The petitioner further urged that the parents of the respondent were contemplating to have her remarried and desired to extract money from him and, therefore, were unwilling to sen