ORDER 1. Being aggrieved by the judgment and decree dated 28.2.2001 passed by 9th Additional District Judge, Indore in Case No. 182/99, whereby the application filed by the respondent u/s. 9 of the Hindu Marriage Act for restitution of conjugal rights was allowed, the present appeal has been filed by the wife appellant. 2. Short facts of the case are that undisputedly appellant and respondent are husband and wife, who were married 23.5.1973. Out of wedlock appellant gave birth to two sons namely Amit and Rohan. Respondent filed the petition u/s. 9 of the HMA for restitution of conjugal rights alleging that appellant has left the house without any sufficient cause since 1996 and living with her parents. In the application it was prayed that since there is no sufficient ground for leaving the house, therefore a decree of restitution of conjugal rights be passed in favour of respondent. The petition was contested by the appellant on various grounds. Learned trial Court after framing of the issues and recording of evidence allowed the application filed by the respondent, which is under challenge in this appeal. 3. Learned counsel for the appellant argued at length and submits that learned Court below committed error in passing the decree against the appellant. Counsel for the respondent also argued at length and submits that in the facts and circumstances of the case learned Court below has rightly passed the decree. Section 9 of the Hindu Marriage Act, .1955 reads as under: "When either the husband or the wife has, without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by petition to the district Court, for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly." 4. Learned counsel for the appellant submits that decree has been passed in favour of respondent, therefore, execution petition has been filed by the respondent for due compliance of the decree. 5. From perusal of the record, it is evident that efforts were made to reconcile the matter between the parties. Respondent and his both sons, who are married came before this Court on the last date of order. 5. From perusal of the record, it is evident that efforts were made to reconcile the matter between the parties. Respondent and his both sons, who are married came before this Court on the last date of order. Respondent is living at Punt while sons are living at Nasik/Hyderabad with their families and are well settled. The case was adjourned for 30.11.2007 with the motive that respondent shall pursue the appellant through his sons and grand sons live or visit the house of respondent frequently. Appellant who is present states that she is living with her parents. Appellant further submits that she does not want to live with respondent or with sons or grand sons. Appellant has also stated that appellant is having all the blessings for her sons but she cannot live with them. 6. From her face it can be judged that she has been hurt badly and because of that she has left her husband and sons. It is a case where the garden is full of flowers and the gardener is weeping. At this point of time in life if a lady who is having husband, sons, their wives, grand sons and daughters leaves husband and is not prepared to go back, it can be presumed that there is something panic which has compelled her to live abandoned life. It is shameful that mother who spent her whole life for her family, is being treated like an enemy. Actually it cannot be said that who is at fault but the role/service of mother cannot be discarded especially at this juncture of ire. It is quite possible that there may be differences between the spouse, but in such circumstances, children have to come forward as mediator. In this case children are also not serious to take back the mother. It is only their good behaviour and submissive attitude which can bring happiness on the face of mother who is depressed. Whatever status the sons are enjoying at present, the back bone of it is mother/appellant; which cannot he ignored. It appears that it will not be in the interest of justice to pass a decree against the appellant for restitution of conjugal rights to give a tool to the respondent to harass the appellant through the process of Court. A human being cannot be compelled to live together against his/her wishes. 7. It appears that it will not be in the interest of justice to pass a decree against the appellant for restitution of conjugal rights to give a tool to the respondent to harass the appellant through the process of Court. A human being cannot be compelled to live together against his/her wishes. 7. In view of this the appeal filed by the appellant is allowed and the judgment and decree passed in favour of respondent u/s. 9 of HMA, whereby appellant was directed to live with respondent is set aside. No order as to costs.