B SIVANANDY Vs. P BHAGAVATHY AMMA

JUDGEMENT

(1.) IN O. S. No. 66 of 1956, on the file of the Court of the principal Subordinate judge of Nagarcoil one Bhagavathyamma sued her husband Sivanandy for restitution of conjugal rights. The parties belong to Velar community governed, by the Mitakshara school of Hindu law. The plaintiff alleged that she was married to the defendant on 13th panguni 1119 M. E according to Hindu shastraic rights. The plaintiff was a mere girl 13 years old at the time of the alleged marriage. She had not attained puberty at that time. The defendant was also a minor on the alleged date of marriage aged, about 15 years or 16 years According to the plaintiff after she attained the age the marriage was consummated and a nuptial ceremony was performed, and that she was living with the defendant in his house for about a month or so. It is alleged by the plaintiff that the, defendant was not prepared to live with her and that therefore she had to live away from him in her present's house.

(2.) THE defendant resisted the suit and contended that there was no valid marriage between him and the plaintiff though, he was made to undergo a form of marriage without the proper consent of his father or offer elder members of his family. He denied that the marriage was ever consummated and also pleaded that the plaintiff led an unchaste life by living with one Paradesi Velar. The simple issue between the parties was whether the, were lawfully married and whether the plaintiff had a cause of action to sue for restitution of conjugal rights.

(3.) THE learned Subordinate judge, of Nagarcoil found that the plaintiff was the law-fully wedded wife of the defendant, and that the plaintiff was entitled to sue for restitution of conjugal rights as the defendant had unlawfully and without reason failed to fulfil his marital obligation and accordingly granted a decree is favour of the plaintiff. This appeal is preferred by the defendant-husband against the said decree and judgment.