JUDGEMENT

1. This second appeal under Section 100 of the Civil Procedure Code has been filed against the judgment and decree dated 28.08.2009 passed by the Additional District Judge at Kachchh-Bhuj in Regular Civil Appeal No.13 of 2008, arising out of the judgment and decree dated 31.08.2007 passed by the Civil Judge, Bhuj in Hindu Marriage Petition No.27 of 2003.

2. The appellant and the respondent are husband and wife.

The appellant-husband has lost his case from both the Courts below. The appellant by invoking Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act” for the sake of brevity), filed a suit for restitution of conjugal rights.

The said suit was resisted by the respondent-wife. By way of counter claim, the wife claimed maintenance under Section 24 and 25 of the Act. The Civil Court during the proceedings of the suit directed the husband to pay maintenance pendente lite under Section 24 of the Act. Pending the proceedings, the appellant-husband vide Exh.25 withdrew the said suit. The withdrawal was objected by the respondent-wife and insisted upon the Court to determine the perma