R KOMRIAH Vs. SARASWATHI KALPANA SARASWATHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises out of proceedings under the HINDU MARRIAGE ACT, 1955.

(2.) The appellant Komaraiah married the respondent Saraswathi alias Kalpana on 29-11-1971. Both are residents of Hyderabad. They lived together till 18-8-1972 when Saraswathi went to her parents' house for delivery. She gave birth to a male child on 8-9-1972. Curiously, within a short period thereafter, the appellant filed O.P. No. 50 of 1973 for a declaration that the marriage is void on the ground that the marriage with the respondent was within the prohibited period of one year from the date of the decree for divorce which he obtained against his first wife. The said O.P. was dismissed. Then he filed O.S. No. 1100 of 1976 which was numbered as O.S. No. 678 of 1977 in the City Civil Court for the same relief. The suit was also dismissed on 30-8-1978. There ends the first stage.

(3.) The wife-respondent filed O.P. No. 150 of 1976 for restitution of conjugal rights. The husband filed O.P. No. 267 of 1978 seeking for divorce alleging cruelty against the wife. The two petitions were disposed of by a common order. O.P. No. 150 of 1976 filed by the wife for restitution of conjugal rights was dismissed and O.P. No. 267 of 1978 filed by the husband for divorce was allowed and a decree for judicial separation was granted instead of divorce. Aggrieved thereby, the wife filed Civil Miscellaneous Appeal Nos. 427 and 666 of 1981 which were allowed by this Court on 30-7-1982. The cross-objections preferred by the husband were dismissed. The result was that the wife's petition for restitution of conjugal rights was decreed and the husband's petition for divorce was dismissed.