REVANA CHAKRADHARA LAKSHMI Vs. REVANA K DURVASULU

JUDGEMENT

(1.) This is an appeal against the order of the Subordinate Judge, Nellore, accepting a petition of the husband under Section 9 of the Hindu Marriage Act.

(2.) The material facts of the case lie in a short compass and may be stated as follows: The parties were married more than twenty years back and had four children at the relevant time. The respondent who was in military service, was discharged in the year 1947. In the same year he enlisted himself as a Jamedar in the Special Armed Police and served in that capacity in several places. In 1957, when the respondent was at Kurnool, appellant left for Nellore for reasons which need not be set out here. Whatever might be the cause for her departure from Kurnool, she did not rejoin her husband subsequently. Sometime later the respondent appears to have been posted to Jammu and Kashmir. While he was there, a petition was filed by the appellant under Section 488 of the Criminal Procedure Code for maintenance for herself and her four children in the Court of the First Class Magistrate, Nellre, and maintenance was awarded to the petitioners therein at a rate which need not he specified here and the grounds upon which that order was passed will be referred In the proper context. While this application under Section 488 Cr. P. C. was pending, the respondent presented a petition under Section 9 for the relief of restitution of conjugal rights. He could not diligently pursue this matter being away in Kashmir. In July 1961, an application for adjournment of the mailer was made by him, with a certificate of his official superior annexed to it. On receipt of this request, the Subordinate Judge made the following order:

(3.) It is with the effect of this order we have to deal primarily in tins enquiry.