G PADMINI Vs. G SIVANANDA BABU

JUDGEMENT

(1.) These two appeals are disposed of by this common judgement. In both the appeals the wife is the appellant. The husband filed O.P. No. 79 of 1991 for divorce on the ground of adultery, desertion and cruelty, while the wife filed O.P. No. 89 of 1991 for restitution of conjugal rights.

(2.) The husband is a bank officer and the wife is a graduate coming from a wealthy family. The marriage between husband and wife was performed in the year 1981 and she joined him in 1981 and they lived together till July, 1981. Thereafter she left her marital home for her parents house. When the wife went to Vizianagaram in November, 1981, where the husband was posted, he did not allow her to enter the house on account of mental torture and agony caused to him. Therefore, the parents took her to Ongole and she lived there till June, 1985. There was a mediation pursuant to which the wife joined the husband in February, 1988 at Bhopal. During her stay with her husband from 1988 to 1991 she was all the time abusing him in filthy language and calling him impotent. Thereafter she left in the month of May to her parents house and in June she wrote to him stating that she was pregnant. Having come to know that the wife became pregnant he filed O.P. 79 of 199 1/10/1991 for divorce on the grounds of cruelty, desertion and adultery.

(3.) The wife denied all the allegations in her counter-affidavit. On the other hand, she alleged that husband and his relations namely parents and sisters ill-treated her and her husband used to come in drunken condition and she was treated cruelly by them.