MARUGAIAH Vs. ANNATHAI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the Madras High Court in civil miscellaneous second appeal no. 52 of 1997 in which the High Court set aside the judgment of the lower appellate court and restored the judgment of the trial court.

(3.) The respondent herein filed a petition under section 9 of the Hindu Marriage act, 1955 seeking restitution of conjugal rights against the appellant. The said petition was registered as H. M. O. P. no. 64 of 1992 on the file of the subordinate judge, Tenkasi. The gist of the case pleaded by the respondent was that she and the appellant were well-known to each other. Indeed they were related to each other. They were both residents of village Kulasekaramangalam where they lived in houses opposite to each other. Between 1981 and 1983 the relationship became more intimate; they had sexual intercourse with each other as a result of which she became pregnant. She told the respondent about the development, he promised to marry her. Subsequently, when he tried to go back on his promise then she and her family members lodged a complaint before the local police. At the intervention of the sub-inspector of police, a meeting of the village panchayat was convened. Before the panchayat the appellant accepted his relationship with the respondent and reiterated his promise to marry her. In pursuance of the panchayat decision, the marriage was performed on 27/07/1983 in the village temple by the appellant tying thali on her neck and both of them exchanging garlands. Thereafter, for a short time both of them lived as husband and wife. She went to her father's house for birth of the child. She gave birth to a male child on 13/10/1983. The appellant, neither came to see her and the child nor showed any interest in looking after them. In such compelling circumstances, she filed the application under section 9 of the Hindu Marriage Act seeking restitution of conjugal rights.