K BABU RAO Vs. K ARNMAJI

JUDGEMENT

(1.) This case illustrates the typical mentality of a husband who, out of greed to the property belonging to the foster father of his wife, made a mockery of the oath taken at the time of the marriage that he would live with her with all love and affection, denied the parentage of the two minor children thus indirectly referring to the unchastity of his wife, which no Indian woman can tolerate for such an insinuation by no less a person than her husband. This unfounded castigation has given rise to a reasonable apprehension in the mind of the wife (respondent) of danger to her life and also of her minor children and made her to live apart from the company of her husband. Now, the husband seeks the company of his wife pleading that he made the remarks on the spur of the moment or in a fit of anger.

(2.) The appellant-petitioner, who is unemployed, is the husband of the respondent. Both belong to Christain religion. The husband filed a petition in the District Court, Krishna at Machilipatnam, under Section 32 of the Indian Divorce Act (hereinafter referred to as 'the Act') for restitution of conjugal rights and the same was dismissed. Aggrieved against the said order, the husband filed the present appeal. It is convenient to refer to the parties as they are arrayed in the lower Court.

(3.) The marriage between the petitioner and the respondent was solemnized on 19-5-1972 as per the Christian custom and usage in CSI Church at the petitioner's village, Kalavapamula in Krishna District. Later the marriage was consummated. The respondent is no other than the daughter of the paternal aunt of the petitioner. The petitioner's father who is examined as P.W-2 has got two sisters. The first sister was given in marriage to Sriramulu, R.W-2,a native of Tenneru village, Krishna District. Another sister was given in marriage to R.W-3, the natural father of the respondent. P.W-2 is the son of R.W-2's elder sister. R.W-2 and his wife have no children and therefore they fostered the respondent.