GOWRISHANKARA Vs. K GAYATHRIDEVI

JUDGEMENT

(1.) This appeal by the husband is directed against thh Judgment and decree dated 4th day of July 1981, made by the 2nd Additional Civil Judge, Mysore in M. C. No. 19/79, on his file dismissing the petitioner's case for restitution of conjugal rights under S. 9 of the Hindu Marriage Act.

(2.) The original petitioner and respondent were married according to Hindu rights on 12-6-1977. They lived together at Mysore for about six months after marriage, Thereafter, the case of the petitioner is that on 9-12-1977, the respondent his wife left his house suddenly and went away to Bangalore stating that she would stay there with her parents for a week and return. Subsequently, she did not return to his house inspite of repeated requests according to the husband. He wrote letters to her requesting her to join him. She did ont respond to those letters. Then he issued a legal notice to her on 28-3-1979 (Ex. P2). Inspite of it, she did not return. Accordingly, he instituted the petition for restitution of conjugal rights, before the learned Civil Judge, Mysore on 13-3-1978. The wife resisted the claim by filing statement of objections. According to her, she was married to the petitioner as stated by him according to the Hindu rights. She went to her parents house after sometime of marriage, as her husband and her mother-in-law started ill-treating her after she had returned form Gowri festival, for which celebration she bad been to her parent's house for about a week, as she did not bring any property from her parents. She was treated with cruelty. Her husband was beating her mercilessly and this atmosphere had created an apprehension in her mind that it was not safe for her to stay in that house. In para 4 of her statement, she has given several instances as to how she was treated mercilessly and crually by her husband and his mother, in paras 4(a) (b) (c) (d) & (e).

(3.) The learned Civil Judge raised the following points for his consideration in the petition :