KALYANAM NARASAYYA Vs. KALYANAM SEETARAMMA

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent against the order of our learned brother, Manoher Pershad, J. in C. M. P. 354 of 1953.

(2.) The appellant sought dissolution of his marriage with the respondent under Section 5(b) of the Madras Hindu (Bigamy Prevention and Divorce) Act, (Act VI of 1949) in the court of the Subordinate Judge, Tenali.

(3.) A few facts material for the purpose of this enquiry may be set out. The appellant was married to the respondent in or about the year 1944 and they lived together for some time amicably. Later on, he found the respondent misconducting herself and he chastised her on one or two occasions. It is alleged that having fallen into bad ways, the respondent did not like to continue to live with her husband and one day when he was away from the house, she bolted away to her parental home taking with her all the jewels and also some cash, On returning home he learnt that she had gone to her parents house.Thereupon, he wrote a letter to her brother, one Curuvaiah (Ex. A-1) complaining that the respondent was leading an immoral life and that she left his house in his absence carrying away the jewels and some cash. He added that the brother should take care of the jewels and the money as otherwise she was likely to dissipate them. A reply was sent by her brother (marked as Ex. A-3) denying the allegation of unchastity attributed to his sister and stating that she had obtained the permission of her husband before coming to his house.This evoked a rejoinder from the appellant, who refuted the allegation regarding the permission said to have been accorded to the respondent. The charge of immorality was reiterated in this rejoinder. There does not seem to have been any further cor-respondence between the parties. Coming to know that the respondent continued to lead an adulterous life and was pregnaint, the appellant filed the petition which has given rise to this appeal on 15-10-1951.