M SOMESWARA Vs. LEELAVATHI

JUDGEMENT

(1.) This is an appeal by a husband whose petition for a decree for divorce, was dismissed by the Civil Judge, Bangalore. The ground on which the divorce was sought, was that the wife (the respondent) had not complied with a decree for restitution of conjugal rights, for a period of over two years after passing of the decree.

(2.) Certain facts which are not in dispute may be stated at the outset. The spouses are Hindus and were married in February 1955. The marriage was consummated a few months later. The appellant has been residing in Magadi Road, Bangalore, in a joint family home consisting of his parents, his seven brothers four of whom are married, their wives, and children. After living with her husband till May 1956, the respondent went to her parents house in Malleswaram, Bangalore. In November 1956 she gave birth to a son. She continued to live in her parents' house.

(3.) On 18-4-1958 the husband filed a petition against the wife under section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), praying for a decree for restitution of conjugal rights. The parties entered into a compromise, under which the wife agreed to go and live with her husband who agreed to take her back and live cordially with her as before.