THANKAMMA Vs. KUTTAN

JUDGEMENT

(1.) A husband approached the Sub Court, Trichur, under S 9 of the Hindu Marriage Act, 1955 praying for restitution of conjugal rights with his wife. According to him, she had left the matrimonial home in June, 1978 and had been living with her parents ever thereafter. The wife defended her action by pointing out a persistent cruelty meted out to her. After getting drunk, the husband used to manhandle her and subject her to cruelty, mental as well as physical. There was a serious risk to her life in living together.

(2.) During the pendency of the main petition the wife filed IA. No. 230 and 231 of 1982 for allowing maintenance to her and her three minor children. Litigation expenses were also claimed.

(3.) The court below passed a decree for restitution. On the interim application, the court below directed the husband to pay Rs. 200/- per month to the wife and children, from 1-3-1982 and Rs. 250/- as litigation expenses.