PARIMILLA RAJALINGAM Vs. AKUTHOTA LINGAYYA

JUDGEMENT

(1.) Lingaiah filed O. P. No. 55 of 1961 in the Court of the District Judge, Warangal, praying for a decree of divorce against his wedded wife, the first respondent, by dissolution of marriage, for damages of Rs. 500.00 against the second respondent and for custody of his male child, Basva Raju, aged about three years after removing the child from the custody of R-1. Respondents 1 and 2 contested tho petition after filing separate counters. Both sides let in evidence. The learned District Judge awarded a decree of divorce with costs which were recoverable from both the respondents. He also directed the second respondent to pay Rs. 500.00 as damages and directed the child, iiasva Raju, to be put in the custody of the petitioner. R-2 filed C.M.A. No. 107 of 1962 and R-1 filed C. M. A. No. 110 of 1962 against the order of the lower Court. Both the appeals, being against a common judgment, were heard together by common consent.

(2.) For the sake of convenience, the parties are referred to in this judgment by their denomination in the lower Court.

(3.) The petitioner married R-1 in about 1952. The marriage was consummated two years later. As a result of the conjugal life, the male child, Basva Raju, was born to R-1 by the petitioner in the year 1958. From about 1960, the petitioner was working as a mil) labourer in Azam Zahi Mills and living in Warangal. In the same locality, R-2 was residing. He was employed in a Co-operative Society.