PANCHADI CHITTI VENKANNA Vs. PANCHADI MAHALAKSHMI

JUDGEMENT

(1.) (judgment of the Bench delivered by 1. These two connected appeals can be disposed of by a common judgment. Transferred Appeal No. 578 by the husband-1st defendant is directed against the decree and judgment of the learned Additional Subordinate Judge, Srikakulam dated February 16, 1972 made in OS. No. 100 of 1969 by which the suit filed by the wife-plaintiff for maintenance was decreed. The wife filed the suit 0.5. No. 47/69 before the District Munsif. Pathapatnam but that was transferred to the court of the Additional judge, Srikakulam and tenumbered as O.S.No. 100 of 1969.

(2.) C.M.A. No. 546 of 1972 is an appeal by the husband against his wife directed against the judgment and decree in O.P. No. 69 of 1969 en the file of the Court of the Additional Subordinate Judge, Srikakulam dated February 16, 1972 by which the petition filed by husband for restitution of conjugal rights was dismissed.

(3.) By consent of parties, the suit and the original petition were tried together and disposed of by the learned Additional Subordidate judge, Srikakulam by a common judgment on February, 16, 1972. In this judgment, we shall refer to the husband as 1st defendant and the wife as plaintiff, as arrayed in the suit. The contentions of the wife as well as as the husband in the suit as well as in the original petition are practically the same.