KRISHNAMURTHY Vs. SYAMANTHAKAMANI

JUDGEMENT

(1.) This appeal under S.28 of the Hindu Marriage Act (hereinafter referred 10 as the Act) is by the husband (petitioner) and directed against an order dismissing the petition preferred under S.9 of that Act, made by the Civil Judge in MC.No.3 of 1973.

(2.) The material allegations in the pleadings, briefly, are as follows: The petitioner's case is that he and the respondent were married in the year 1068 and lived together till June, 1971 and be got a male child. Thereafter, the respondent-wife went to her parents' house in June, 1971 and never returned to her husband's house despite 'several attempts' by him to secure her return. On all these occasions the husband was turned out by the wife and her parents, and inspite of a legal notice got issued on 25-3-1972, the matters did not improve. Hence, the petition for restitution of conjugal rights. The petition has been resisted principally on the ground that the wife, during her stay with her husband, was 'severely illtreated' and even thereafter the husband had written letters to her threatening to do away with her and to commit suicide himself, with the result an apprehension was created in her mind that it would be harmful and injurious to her health and safety if she were to return to the marital home.

(3.) The learned Civil Judge after an examination of the evidence adduced at trial, came to the conclusion that the wife had indeed been subjected to 'mental cruelty' during and after her stay with the husband. He, therefore, dismissed the petition. Hence, the appeal.