VEDAVALLI Vs. M CRAMASWAMY

JUDGEMENT

(1.) This is an appeal by a wife whose application for a decree for judicial separation under Section 10 of the Hindu Marriage Act was dismissed by the District Judge. The marriage between the appellant and her husband who is the respondent was solemnised in the City of Mysore on May 5, 1942. They began to live together in the City of Bangalore from the year 1945 and there were at least four issues of that marriage only two of which now survive. On July 3, 1958, the appellant made an application to the District Judge for a decree for judicial separation and the only ground on which the decree was sought was that the husband committed an act of adultery with his sister's daughter Alumelu after the solemnisation of the marriage.

(2.) The District Judge did not consider that that accusation against the husband was established and so he refused to make a decree for judicial separation.

(3.) There is undisputed evidence in this case that after the two spouses began to live together in Malleswaram in Bangalore City they were, at a certain stage of their marital life joined by the husband's sister's daughter Alumelu either in December 1956 or during the commencement of the year 1957. That Alumelu continued to live) with these two spouses till about September 1957 and that during that month on the insistence of the wife, Alumelu was asked to live elsewhere and she, thereupon for a few days, lived in a place called Peenya very near Malleswaram was the evidence given by the wife which was corroborated by the evidence given by Rajagopal who was examined as P. W. 4. It was next stated that Alumelu very soon returned to the house of the husband taking advantage of the fact that the appellant was away from Bangalore and was on a visit to her parents who were in Quilon.