LALITHAMMA Vs. R KANNAN

JUDGEMENT

(1.) This is an appeal against the dismissal of the appellant's Miscellaneous Petition No. 92 of 1959 on the file of the District Judge, Civil Station, Bangalore, for the dissolution of her marriage with the respondent.

(2.) The appellant Lalithamma is the first wife of the respondent R. Kannan having been married to him on 14th February 1945. She is the daughter and only child of one Captain B.D. Naidu (P.W. 2) who had seen service in the Indian Army and was at the time of the marriage residing with his wife and daughter at a house called, 'Castle Grace' No. 3 Miller Road, High Grounds, Bangalore. The respondent was at the time of the marriage a medical student studying in Madras. He is the son of one Krishnaswamy Naidu, since deceased, who at the time of the marriage was a building contractor residing at Palani of Madurai District in the State of Madras. The marriage was solemnised at Tiruchanur in Chittoor District which was then part of the State of Madras and now part of the State of Andhra Pradesh.

(3.) After marriage the respondent went back to Madras to complete his studies and the appellant during the period continued to live with her parents at Bangalore. After completing his examination, he came down to Bangalore for ceremonial consummation of the marriage. In that connection, he was at Bangalore for a period of at least one month, though his own pleadings would indicate that the said period might have been as long as two months.