KANNA ALIAS MAHALAKSHMI AMMAL Vs. KRISHNASWAMI ACHARI

JUDGEMENT

(1.) O. P. No. 99 of 1962 out of which the appeal arises was instituted by the respondent-husband Krishnaswami Achari against the appellant, his wife Kanna alias Mahalakshmi Ammal under S. 9 of the Hindu Marriage Act for a decree for restitution of conjugal rights. The learned Subordinate Judge of Ramanathapuram had decreed restitution; and on appeal the learned District Judge of ramanthapuram had confirmed the said order. Hence the appeal by the wife.

(2.) THE marriage between the parties took place in the year 1951 and they were both living together amicably in the adjacent houses divided only by a partition wall and the appellant gave birth to two daughters, the last of whom was born in the month of Avani, 1959, in the house of the appellant's parents.

(3.) THE respondent-husband claims that, after the birth of the second child, the appellant did not go back tot he respondent's house, as a result of a dispute between her father and the respondent in respect of a partnership business which they were carrying on before. The respondent's attempts to persuade the appellant a number of times from 1959 onwards to come and live with him have failed and the intervention of Saravana Perumal Pillai and two other gentlemen have also proved ineffective. Thereupon the respondent filed O. P. 84 of 1960 for restitution of conjugal rights and the appellant in here turn filed a suit for maintenance. The O. P. and the suit were however not pressed in order that the parties might try to find ways and means for settling the difference among themselves; but unfortunately the efforts have proved futile.