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1958 Supreme(Ker) 46

VARADARAJA IYENGAR, RAMAN NAYAR
Sarah Abraham – Appellant
Versus
Pyli Abraham – Respondent


Judgment :-

1. This appeal arises out of O. P. 75 of 1955 filed by Pyli Abraham before the District Court of Kozhikode, under S.32 of the Indian Divorce Act, IV of 1869, for restitution of conjugal rights as against his wife Sara as the 1st respondent, and her parents and brother as respondents 2 to 4. There was across petition O.P. 5 of 1957 filed by the wife Sara against her husband for judicial separation, under S.22 of the Act. Both these petitions were tried and disposed of together with the result that O. P. 75 of 1955 was allowed while 0. P. 5 of 1957 was dismissed, the parties being directed to suffer their costs in both the petitions. The wife has acquiesced in the dismissal of her petition and has come up with this appeal against the decree allowing her husband's petition.

2. The parties are Jacobite Syrian Christians. They married in 1942 when they were aged 25 and 17. There are two children of the marriage born in 1942 and 1946. Both husband and wife belonged to Travancore, but in or about 1946 they gave up their place of origin and settled down in Puthupadi in Kozhikode Taluk, whether the wife's family had gone to earlier. It is the common case of both parties that, on





















































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