DAVURUPILLI VENKATARAMANA Vs. DAVURUPILLI NOOKALAMMA

JUDGEMENT

(1.) These are two connected appeals that arise out of disputes between a husband and wife. A. S. No. 272 of 1950 is an appeal from an order of the Subordinate Judge of Vishakapatnam in O. P. No. 23 of 1949 filed by the husband for dissolution of marriage on the ground that his wife, had, without, just cause, deserted him for a continuous period of three years before filing of the petition. The petition which was filed under Sec. 5(1) of Madras Act 6 of 1949 was dismissed by the Subordinate Judge and the husband has preferred A. S. No. 272 of 1950 under Sec. 5(5) of the Act.

(2.) The appellant was a Police Head Constable who has now retired from service. His matrimonial life has been far from normal. According to him, he married three wives, the third of whom has been living separately from him. The respondent is the second wife. There have been differences and disputes between the husband and wife for some years past into which it is now unnecessary to enter. It is common ground that the husband had been keeping a woman of the name of Danayamma as his concubine for many years. In para 3(c) of his petition, O. P. No. 23 of 1949, the husband stated as follows :

(3.) Under Sec. 2(6) of Act 19 of 1946 (Central) a Hindu married woman is entitled to separate residence and maintenance from her husband if he keeps a concubine in the house or habitually resides with a concubine. It is argued for the appellant that as the husband took a concubine some years before he married and has been keeping her even after his marriage, Sec. 2(6) of the Act had no application to the case. According to the appellant, it is only where the husband takes a concubine after 23/4/1946, when Act 19 of 1946 came into operation, that Sec. 2(6) of the Act entitles the wife to separate maintenance.