(1.) The appellant has filed this appeal against the judgment and decree passed in Hindu Marriage Act Case No. 67 of 1988 dated August 29, 1989 whereby his petition under section 9 of the Hindu Marriage Act, 1955 (in short, the Act) was dismissed.
(2.) The uncontroverted facts are that the respondent was married to the petitioner-appellant in the year 1987. In March 1988 the respondent gave birth to a son out of this wedlock.
(3.) Petitioner-appellant's contention was that due to the intervention of the respondent's father, the respondent is not discharging her matrimonial duties. She used to go back to her parental home on one pretext or the other. Many a time he brought her back. Many a time Panchayats were convened for settlement but after living in the matrimonial home for a month or so, she always used to go back to her parental home. Since September 1988 she is living in her parental home. He never neglected or refused to maintain her. Hence he prayed that a decree for restitution of conjugal rights be passed.