SIRIGIRI PULLAIAH Vs. SIRIGIRI RUSHINGAMMA

JUDGEMENT

(1.) This is an appeal against the order of the Additional District Judge, Anantapur, dismissing a husband's petition under Section 13 (1) (i) and Section 10 (1) (a) of the Hindu Marriage Act for dissolution of marriage between the appellant and the respondent, or in the alternative for a decree for judicial separation.

(2.) The appellant, who was the petitioner in the lower Court, and the respondent were married in or about the year 1943. They lived happily for three years. It appears from the petition that, subsequently, the wife deserted the petitioner to lead a life of immorality and that, in fact, she had been living in adultery with one Sivayya : Originally, the petition was one under Section 13 (1) (i). But after the trial of the case had begun and three witnesses were examined, the appellant sought the permission of the Court to amend the petition claiming relief of judicial separation under Section 10 (1) (a) of the Hindu Marriage Act. It was alieged in the petition for amendment that the respondent left the appellant three years after the marriage and that, in spite of several notices, she refused to go back to him. The appellant was allowed to amend the petition as prayed for.

(3.) The petition was resisted by the wife on several grounds, the chief of which was that as the appellant had taken a second wife she was entitled to live separately from him and to claim separate maintenance and that the husband could not claim judicial separation on the ground of desertion. She also refuted the charge of immorality.