( 1 ) THE appellant Prafulla Kumar is hereby assailing correctness, propriety and legality of the judgment and decree which has been passed by the Additional Judge to the Court of District Judge, Indore in the matter of Hindu Marriage Case No. 1/91 by which the learned Judge dismissed the matrimonial petition filed by the appellant for claiming divorce from his wife Sarla.

( 2 ) FEW facts need to be stated for the purpose of unfolding the matter. The parties to this appeal married with each other on 4-6-85 at Indore and lived together till 20-4-87 when they separated from each other. Since 20-4-87 both of them are residing seperately. On 20-4-87 the wife, Smt. Sarla visited the house of the appellant along with her mother and took away all her belongings and the articles termed as "stridhan" including marriage gifts. Receipt P-1 and P-2 were executed in that context.

( 3 ) THEY have a son born out of said wedlock who is now about 10 years old as informed by both the counsel appearing for the parties.

( 4 ) BEFORE presenting matrimonial petition the wife had filed a petition for restitution of conjugal rights in view of provisions of S. 9 of Hindu Marriage Act, 1955