K S DEENADAYALU REDDY Vs. LALITHAKUMARI

JUDGEMENT

(1.) This appeal is against the decree of the learned City Civil Judge, granting maintenance at the rate of Rs. 20 per mensem to the plaintiff, who is married wife of the defendant. The marriage has taken place in 1943, and for a year or two the husband and wife lived amicably. Later on, when the husband was transferred to Nagpur where his employment took him, there seem to have been some differences between the husband and wife and there has been exchange of notices. In 1947, a suit seems to have been filed by the defendant appellant for restitution of conjugal rights against his wife. It was first instituted in the Poonamallee District Munsif's Court and then on the ground that that Court had no jurisdiction, it was transferred to Nagpur and the appellant appears to have obtained a decree against his wife on 20-7-1948, for restitution of conjugal rights. The respondent filed the present suit on 12-7-1948 but in the plaint, she has referred to the filing of the suit by her husband at Nagpur for restitution of conjugal rights.

(2.) When the suit was pending, it transpires that the defendant appellant married a second wife on 3-2-1949. Before the trial of the suit was taken up by the learned City Civil Judge, an application was filed by the plaintiff for amending the plaint in view of the second marriage, which the defendant contracted. That amendment was allowed and the point was amended accordingly. The suit proceeded on the basis of the amended plaint.

(3.) The suit itself is filed under Section 2 of Act 19 of 1946, an Act which gives a Hindu married woman the right to separate residence and maintenance under certain circumstances. Section 2 of that Act is to the following effect: