( 1 ) THIS is a petition under Section 491, Criminal Procedure Code, and Article 226 of the Constitution for issue of a writ in the nature of habeas corpus. It is alleged by the petitioner that she was married to Yadav Krishna, respondent 1, on 7 March 1964 according to Hindu rites. They have two children; Shyam aged about 2-1/2 years and Ramoo about 5 months. The husband is a lecturer in the Government higher Secondary School, Dongaragarh, district Durg. The parents of the petitioner reside at Jabalpur. Because of his ill-treatment. she came to Jabalpur for her first delivery. This was with the permission of her husband, but she wanted an assurance of good behaviour to be given to her, before she would return. The husband then instituted a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, in the Court of the District Judge, Rajanandgaon. This was in March 1966. But, when he came to Jabalpur in June 1966, there was conciliation in the presence of respectable persons. She then agreed to go and stay with him, provided he withdrew the suit. That was done. She went back and started living and cohabiting with him at Dongargarh.

( 2 ) SHE f