VUYYURU POTHURAJU Vs. VUYYURU RADHA

JUDGEMENT

(1.) This appeal is field against the judgment of the Subordinate Judge, West Godavari at Eluru in O. P. No. 83 of 1958.

(2.) The petition under section 9 giving rise to this appeal was founded on the allegations that the appellant was married to the respondent in or about the year 1948, that ever since he and his wife, impleaded as 1st respondent to the petition, lived in the house of the latters foster-father, and that subsequently he was illtreated there and consequently he was reluctant to continue to live any longer in that house. For this reasons, he went back to his village and he requested his wife to come over to him, but she refused to do so. Hence the appellant was constrained to initiate proceedings under section 9 of the Hindu Marriage Act. To this petition, the foster-father of the 1st respondent was added as the 7th respondent.

(3.) This petition was resisted by the wife on the pleas that under an agreement entered into between the parties prior to the marriage, they had to live in the house of her foster-father and it is pursuant to this agreement that they all along lived in his house, that a few years later, he became addicted to drinking and gambling and when the 1st respondent remonstrated, he started ill-treating her. When the 7th respondent advised him to give up his vices, he demanded that the 7th respondent should convey to him a portion of his property. The 7th respondent could not comply with this demand because of the petitioners bad habits. It is for this reason that he left the house of the 7th respondent and not for any valid and justifiable reason.