(1.) THIS is a husband's appeal directed against the judgment of the learned District Judge, Ajmer dated 23-12-71 dismissing the wife's petition for restitution of conjugal right under sec. 9 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "act".
(2.) SINCE it was the respondent's petition that was dismissed, the question arises at the threshold of the arguments whether the husband has a right of appeal. Whereas learned counsel for the respondent contended that he has no such right, learned counsel for the appellant has canvassed that inasmuch as the judgment adversely affects the appellant-husband in that the learned Judge has found that the respondent is still the wife of the husband he has a right of appeal.
(3.) LEARNED counsel for the appellant has placed reliance on a number of cases, such as,jamnadas vs. Udey Ram (l), Union of India vs. Pearl Hosiery Mills (2), Shanti Lal vs. Farid Khan (3), Suraj Bakash vs. Munnu Lal (4), Ebrahim Abaobakar vs. Cus-todin General (5) and Edamma vs. Hussainappa (6 ).