( 1 ) THE appellant-husband has preferred this appeal under Section 28 of the hindu Marriage Act, 1955 against the dismissal of his petition for restitution of conjugal rights.

( 2 ) THE appellant's case is that 3 years before filing of the petition he was married to the respondent according to Hindu rites. One year after the marriage there was Gona and thereafter the respondent stayed with him for 2 nights and has not returned back again. The appellant made 12/13 attempts to bring her back but she was avoiding on one pretext or another. The respondent has withdrawn from his society without any reasonable cause or excuse. The respondent in her written statement resisted the petition and denied the allegations made therein. According to her, they were married 9/10 years before when the respondent was only 10 to 11 years old. At that time, she stayed with the appellant in his house for 2 days and then returned to her parents' place. Three years thereafter there was Gona and she went and lived with the appellant for 4/5 days. Thereafter, she lived in the house of the appellant for 4/5 times staying for 10 to 15 days at a time, But her father-inlaw i. e. the father of the