S.B. Sakrikar, J.

1. The appellant/original respondent has directed this appeal against the judgment dated 31st March, 98 rendered by IX ADJ Indore (Family Court) in Case No. 383/96, thereby passing a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') in favour of the respondent and against the appellant.

2. The undisputed facts of the case are that the appellant and respondent are wife and husband and their marriage was solemnised on 8.5.1989 at Indore under the Hindu Religion and Customs. The appellant and respondent lived together as wife and husband till 20.10.1994 and as a result of marital relations one male child Aditya borned to the appellant, who is at present aged about 6 years and living with the appellant at Yeotmal (Maharashtra).

3. It is stated that on 20.10.1994 the appellant without any reasonable cause deserted the respondent and started living separately at Yeotmal in Maharashtra. The respondent filed a petition before the Trial Court for grant of decree of restitution of conjugal rights in favour of the respondent as indicated above. Aggrieved, the appellant has filed this appeal against the impugn