G. SUNDARABABU Vs. SMT. UDAYA BHANU AND ANOTHER

JUDGEMENT

(1.) This petition is filed to quash the proceedings in M.C. No. 1/89 and also in Crl. M.P. No. 220/90 on the file of the II Additional District Munsif Magistrate, Tirupathi.

(2.) The facts of the case are that the petitioner husband married the respondent on 18.9.1983 at Tiruchanoor, Tirupathi according to the Hindu Customs and Rites. Thereafter, they lived together at Madras at the petitioner's house. Later the respondent gave birth to a child in her parents' house at Tirupathi on 4.11.1984 and the said child died on 5.11.1984. Since then, the respondent has been living at her parents' house at Tirupathi. The petitioner made several attempts to get the respondent back to his house at Madras, but in vain.

(3.) On 25.11.1987, the petitioner filed O.P. 194/88 in the City Civil Court, Madras for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act. The said O.P. was transferred to the file of the Principal Family Court, Madras and re-numbered as O.P. No. 180/88. In that O.P., the respondent filed I.A. No. 73/88 for interim maintenance under Sec. 24 of the Hindu Marriage Act. Later, she made an endorsement in the said O.P. to the effect that she was not willing to join the petitioner. Therefore, the said O.P. and the I.A. were closed. Thereafter, the petitioner filed O.P. No. 317/90 in the Principal Family Court, Madras for divorce. On 5.6.1990, the respondent filed I.A. No. 488/90 in the said O.P. claiming interim maintenance under Sec. 24 of the Hindu Marriage Act.