G RAMAKRISHNA PILLAI Vs. J VIJAYAKUMARI AMMA

JUDGEMENT

(1.) The common appellant in the two appeals is the husband of respondent in M.F.A.No.883 of 1986, who is the first respondent in A.S.No.461 of 1986 and is the father of respondents 2 and 3 in the latter appeal. He filed a petition before the Sub Court, Kottarakkara seeking decree for restitution of conjugal rights against his wife under S.9 of the Hindu Marriage Act. Petition was contested and dismissed. Wife and daughters filed a suit in the same court seeking decree for arrears of maintenance for three years and for future maintenance against him. The suit was contested but decreed. The decrees in the two cases are now challenged by the appellant.

(2.) The spouses belong to the Hindu Nair community. They were married on 12-9-1969. They lived together for a short while (either for a few days or for a few weeks) in the house of the husband's mother and thereafter shifted residence to the house allotted to the wife under the family partition deed and in which her mother has right of residence. Two children were born in the marriage; in 1983-84 they were studying in the 9th and 5th standard respectively. We are told that the elder daughter is now studying in college. Husband is working as a teacher in a government school. In or about 1983 the husband built a house in his own property. He sent a registered notice in 1983 to the wife calling upon her to go over and reside with him. She sent a reply dated 17-8-1983 (Ext.A3 in the O.P) resisting his claim and alleging neglect, desertion and cruelty on his part. These are the admitted facts.

(3.) We will now refer to the disputed contentions. According to the husband they shifted to the wife's house on account of the pressure of the wife's mother and brothers and in that house he was not treated well by his mother inlaw and brothers-in-low as they wanted him to leave the house. Being unable to bear this situation he left his wife's house in 1983 and thereafter constructed his house and orally requested his wife to live with him. He asserted that after 1983 he was paying some money into the hands of his elder daughter when he used to see her outside the house. Admittedly he has not paid any maintenance to the wife and second daughter. He has also no specific case that while he was in the wife's house he was meeting the household expenditure. The wife on the other hand would contend that they shifted the residence to her own house on the insistence of her husband. He was beating and ill treating her. One year after the birth of the first child he left her and started leading immoral life. He returned two years later and she accepted him. Thereafter second child was born, but the beating and illtreatment continued. On 27-9-1976 she went to the house of her brother to attend funeral of his brother inlaw, with the consent of her husband. When she returned she was beaten by her husband who left the house and again resumed his immoral life. He has been guilty of desertion. There has been no ill treatment or intolerable situation created by her mother or brothers. They were not living with her. She and her children were carrying on with the help of her mother and brothers. Petition is devoid of bona fides and has been filed after unreasonable delay. She is afraid of being done away with by him.