1. Subramonian, an Engineering Graduate, married on 25-8-1974 Rajani, then a post-graduate student. The couple lived together until 1982 and three children are born to them. In the meantime, Rajani continued her studies and completed the LL.B. Course and is now gainfully employed. She separated from her husband in 1982 and started living along with the three children in. her parental home.

2. Rajani filed a petition under S.13 (1) (ia) of the Hindu Marriage Act for dissolution of the marriage on the ground of cruelty. The petition was numbered as O.P. 77 of 1984 before the Sub Court, Ernakulam.

The husband denied the allegations and moved the court for restitution of conjugal rights. The two petitions were jointly tried. The parties were examined and documents proved.

3. The learned Subordinate Judge by the common order dated 12-12-1984 disposed of the petitions. The learned judge found that the cruelty alleged has not been established. The wife was however granted a decree for judicial separation under S.13A of the Act. The husband's application for restitution of conjugal rights was dismissed with the reservation that if there is no reunion within a period of two years,