SURVEPALLI SIDDAIAH Vs. SURVEPALLI PENCHALAMMA

JUDGEMENT

(1.) The point involved in this appeal bears on the applicability of the doctrine of Res Judicata to proceedings under the Hindu Marriage Act.

(2.) The appellant, who is the husband of the respondent, applied for a decree for judicial separation against his wife in the Subordinate Judge's Court, Kavali, on the allegation that she had deserted him some years before the institution of the petition.

(3.) The petition was opposed by the wife inter alia on the plea that a prior decision rendered by the District Munsif's Court, Kavali, that the husband had abandoned his wife and therefore the latter was entitled to separate maintenance operated as res judicata in the subsequent proceedings. This issue was tried as a preliminary one and it was found in favour of the respondent, the wife. In this view of the matter, the Subordinate judge dismissed the petition filed by the husband under Section 10 of the Hindu Marriage Act, 1955. It is this view of the Subordinate Judge that is impugned before us in this appeal preferred by the aggrieved husband.