BHAMIDIPATI SARASWATHI Vs. BHAMIDIPATI KRISHNA MURTHY

JUDGEMENT

(1.) This is an appeal against an order refusing to grant interim maintenance under Section 24 of the Hindu Marriage Act (Act XXV of 1955) (hereinafter referred to as the Act).

(2.) The facts that have contributed to this litigation may be briefly set out. The appellant is the wife of the respondent. They were married in April 1953, and thereafter, they lived for some time in the residence of the respondents father. Later on they took up their abode at Visakhapatnam. Till October 1955, the parties lived together -- and there is controversy as to whether they got on amicably and lived a happy life. Whatever that be, the trouble started when the appellant had an attack of small-pox and was sent to her parents house in Rajahmundry at her request according to the respondent, and without her consent, according to the appellant. Subsequently, she would not go back to her husband, whatever might be the reasons with which we are not concerned at present.

(3.) It is the case of the respondent that having made numerous attempts to win her hack to him but unsuccessfully he filed a petition (or restitution of conjugal rights in the Court of the District Judge, Rajahmundry (O. P. No. 70 of 1957). This was opposed by the appellant on the grounds which it is not necessary to mention, as they do not have much of a bearing on the present enquiry. Pending that petition, the appellant applied for a declaration of the nullify of the marriage between them, under Section 12 (1) (a) of the Act making several allegations.