PABBU PENCHALARATHNAMMA Vs. STATE

JUDGEMENT

(1.) These two writ petitions, viz. H.C.P. Nos.607 and 687 of 2003 shall be governed by this judgment. The first mentioned writ petition is at the instance of one Mrs. Pabbu Penchalarathnamma, seeking the custody of her husband Pabbu Venkateswarlu from one Ethiraj @ Srinivasan and Mrs. Eswaramma, respondents 4 and 5 respectively.

(2.) In this writ petition, the petitioner points out that she is the legally wedded wife of the detenu, that there are three children out of this wedlock and that after the marriage, they were residing in Nellore. She, however, further suggests that the relations between her family and her husband’s family were strained on account of the alleged demand of dowry by the husband’s family and that there was an attempt on her life also. She further says that she proceeded against the relatives of the husband on account of their constant demands of dowry and ultimately, she moved to her parents’ place and from there she was prosecuting a Hindu marriage petition under Sec.9 of the Hindu Marriages Act for restitution of conjugal rights. It is contended by her that in that petition there is an order of maintenance pendente lite for Rs.2,500/- per month and that the detenu is avoiding to pay even that amount. It is then contended that on 10-3-2003 when the matter was fixed for the attendance of the detenu, the detenu never turned up and from then onwards he is not to be seen. It is also contended that the petitioner was constantly receiving threats from respondents 4 and 5 that she should withdraw the case. She then contends that the respondents should be directed to produce the custody of the detenu without specifying in her petition as to from whom precisely the custody is sought.

(3.) The other writ petition is filed by the parents of the said detenu, who are the residents of Nellore. They say in their petition, amongst other things, that Pabbu Venkateswarlu was to attend the court at Chennai and, therefore, he left Nellore in the night hours by train with Rs.10,000/- on his person probably, to pay the arrears of maintenance money into the court and thereafter he is not to be seen. They apprehend that he is in the illegal custody of his wife or her family. In the writ petition, there are number of other allegations made against the wife and the whole history has been given regarding the pending matrimonial litigation between the husband and wife. It is apparent therefrom that even the husband has filed a petition under Sec.9 of the Hindu Marriages Act for restitution of conjugal rights in Nellore court. It is brought to our notice that the proceedings before the Nellore court has been stayed by the Supreme Court at the instance of the wife who sought the transfer of that matter to Chennai to be tried along with the application filed by her for restitution of conjugal rights.