ALLURI NARASAMMA Vs. ALLURI DHARMARAJU

JUDGEMENT

(1.) This is a Civil Miscellaneous Appeal against the order of the court of the Subordinate Judge of Eluru, dissolving the marriage between the appellant and the respondent under Sec. 5 (1) of Madras Act VI of 1949.

(2.) The appellant and the respondent belong to the Kamma Community. The appellant was the wife of the respondent, having been married to him in April or May 1940. The respondent's case is that, after marriage, she lived with him amicably for about five years and thereafter was living the life of a prostitute and that from January 1947 she abandoned him and was living with her mother leading an immoral life. The appellant denied that she was living away from her husband from January 1947 but stated that she was driver away from his house on 17/5/1949 as she could not get money from her mother to enable the respondent to purchase lands. She denied that she led any adulterous life or the life of a prostitute.

(3.) The learned Subordinate Judge, on a consideration of entire evidence placed before him, came to the conclusion that the appellant lived the life of a prostitute, that she had deserted the respondent for a continuous period of three years and that her conduct rendered it unsafe for her husband to live with her any further. On those findings, he dissolved the marriage as aforesaid. The wife has preferred the above appeal.