C SANNAIAH Vs. PADMA

JUDGEMENT

(1.) At the stage of admission the respondent is notified. Accordingly she has put in appearance through a counsel. Hence, these CRPs are taken up for final hearing itself.

(2.) These two civil revision petitions are preferred by the petitioner in MC No, 12 of 1980. The respondent in there civil revision petitions is also the respondent therein. CRP No. 1530/81 is directed against the order rejecting IA IV filed by the petitioner for withdrawing the petition (MC 12/80) filed by him for restitution of conjugal rights under S. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act). CRP No. 1531/81 is preferred against the order passed on IA I granting interim maintenance of Rs. 100 per month and Rs, 250 towards the expenses of the proceedings to the respondent. Hence, these two civil revision petitions are heard together and are decided by a common order.

(3.) The learned trial Judge has rejected IA IV on the ground that the respondent-wife has; made a counter claim under S, 25 of the Act for permanent alimony to herself and also to the minor child, that the relationship of the petitioner and the respondent as husband and wife is not disputed.