( 1. ) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 23. 10. 2001, passed by IXth Additional District Judge, Indore in Hindu Marriage Case No. 383/98, whereby the decree of judicial separation is passed by the learned Trial Court.

( 2. ) THIS appeal will also decide the counter Appeal No. 593/01 (Satish Sithole v. Smt. Ganga) filed by the respondent against the same judgment and decree, whereby the claim of the respondent against the petitioner for dissolution of marriage on the ground of cruelty and desertion was dismissed and the impugned decree of restitution of conjugal rights was passed.

( 3. ) ADMITTED facts of the case are that the marriage in between the appellant and the respondent was performed on 22. 5. 1992 at Mandleshwar according to the Hindu rites and customs and out of the wedlock the appellant had delivered one son Chetan on 28. 2. 1993. It is also the common ground that the respondent husband is teacher in the Education Department and he is living at Indore with his widow mother and brother.

( 4. ) THE case of the respondent/petitioner is that after few months of the marriage the beh