K. MATHIALAGAN Vs. MALA DEVI

JUDGEMENT

(1.) THOUGH the appearance of Senior counsel for the appellant resulted in illuminating arguments on an interesting question of law, after going through the records, I found that the question of law did not arise in this case. I will refer to it in detail after setting out the facts which brought the appeal to this court.

(2.) THE respondent herein filed a petition under Section 9 of the Hindu Marriage Act, praying for a decree for restitution of conjugal rights. No doubt, the prayer goes a little further and seeks a direction to the appellant herein to go and live with her. It is rather curious to pray for a direction to the husband to go and live with the wife as in this State, normally, the wife goes and lives with the husband wherever he is and not the other way about. Any way, the frame of the prayer does not affect the merits of the case.

(3.) IN his counter statement, the appellant denied each and every one of the averments made in the petition. According to him, no marriage took place either in Salem or in any other place and the petition for restitution was not maintainable.