SOUNDARAMMAL Vs. SUNDARA MAHALINGA NADAR

JUDGEMENT

(1.) This appeal is preferred against C. M. A. No. 69 of 1975 on the file of the District judge, Tirunelveli who disagreed with the order of dismissal made by the Subordinate judge, Tirunelveli in O. P. 62 of 1972, which was a petition filed by the respondent hereto .under S. 13(I-A) of the Hindu Mar. nage Act 25 of 1955 . The appellant here in is the wife of the respondent

(2.) It transpires that they were married on 17-7-1956 and they lived together tin W10-1961. It is claimed by the appellant herein, that, because of cruelty and several other factors, she was driven out of the house by the respondent herein. She also refers to the respondent living in adultery with another woman. O. P. 5 of 1962 was filed by the respondent for restitution of conjugal rights and it was ordered on 5-11-1962. Appellant filed O. P. 117 of 1963 for restitution of conjugal rights, but that petition was later on withdrawn. Appellant then filed O. P. 85 of 1,967 in the Sub-Court, Tuticorin under Ss. 10, 11, 24 and 27 of Act 25 of 1955 (hereinafter referred to as the Act) for declaring the marriage as null an void or in the alternative for judicial separation. In that petition, she impleaded one Tirunamakani as the second respondent, who according to the appellant herein, had gone through an illegal marriage ceremony, with the respondent here. in and therefore, in view of the adulterous nature of life led by the respondent here. in, she was entitled to the reliefs prayed for therein.

(3.) Several. points were framed for consideration therein and the court came to the conclusion that the appellant had established that the respondent herein was living with another woman and a child had been born out of such adulterous and illegal relationship. That petition was allowed and a permanent alimony and maintenance at the rate of Rs. 25 per month was ordered and the respondent herein was to pay maintenance from the date of petition.