( 1 ) THIS is an appeal by appellant Mst. Gindan and four others against the judgment and decree dated 1st August, 1974 passed by the Additional District judge, Parma, in Civil Suit No 3-A of 1973 by which the petition of the respondent, Barelal, under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights has been allowed.

( 2 ) BRIEF facts of the case are that Mst. Gindan (appellant No. 1) was married about fifteen years back to the respondent. From the wedlock three children were born out of whom two are dead and the third male child aged about 9 months is with appellant No. 1. Appellants Nos. 3 to 5 are brothers of appellant no. 1 and appellant No. 2 is her father. According to the respondent, his wife mst. Gindan had no reasonable excuse to withdraw herself from his society along with all the ornaments given to her by him and as such he was entitled for a decree for restitution of conjugal rights against her and a direction to other appellants to refrain from stopping her from going with him as she is living with them.

( 3 ) IN defence, appellant No. 1 Mst. Gindan denied the allegations made by the respondent and pleaded that she was ill treate