C SARALA Vs. K NALINAKSHAN

JUDGEMENT

(1.) This appeal by the wife, G. Sarala, is against the decree of divorce in favour of her husband K. Nalinakshan, made by the learned Additional Sub Judge, Trivandrum, in O.P. (HMA) No. 49/81. The learned Judge upheld the respondent's case that the appellant deserted the respondent without any cause on 29-8-1974. In this judgment, the appellant and respondent are referred to as Wife and Husband respectively or W and H for the sake of brevity.

(2.) The parties were married on 30-5-1958 according to Hindu rites and live together at Pattom till 29-8-1974. There are three daughters born of this wed-lock, two of them since married while living with the wife. There is no dispute that the wife physically left the husband's house on 29-8-1974. What is disputed is the element of desertion, for, the wife urges that she was driven out by the husband after continued ill treatment. Before considering whether the wife deserted the husband on 29-8-1974, reference to certain previous proceedings between the H and W is necessary. The detail: of these proceedings are set out in paragraph No. 3 below.

(3.) In 1975, the H filed OP (HMA) No. 49 of 1975 (Ext. B1) for a decree of restitution of conjugal rights. The petition was dismissed after a contest. The finding so the court delivered on 31-3-1976, have become final, as no appeal was preferred against the dismissal of the petition. The conclusions arrived at by the Subordinate Judge Trivandrum, were:-