M.M.PAREED PILLAY, V.V.KAMAT
S. Jayakumari – Appellant
Versus
S. Krishnan Nair – Respondent
PAREED PILLAY, J.:- Appellant (wife of the respondent) challenges the judgment in O.P.(HMA) 237 of 1987 of the I Additional Sub-Judge, Trivandrum granting restitution of conjugal rights. Respondent filed the petition under S. 9 of the Hindu Marriage Act for a decree for restitution of conjugal rights alleging that without reasonable excuse appellant had withdrawn from his society. Challenge against the impugned judgment is on the ground that the learned Sub-Judge erred basically in granting decree solely on the ground that there was no physical assault on the appellant.
2. Appellant was married by the respondent on 21-1-1986. A child was born in the wedlock on 5-3-1987. As against respondent's contention that his wife had not returned to her matrimonial home, the latter contended that he ill-treated her and took her to her father's house on 9-11-1986 and since then abandoned her. Appellant has filed a detailed statement narrating the difficulties encountered by her during her short span of marital life with the respondent. It is alleged by her in her statement that her husband is an alcohol addict and that he used to return from his place of work very late in the night ineb
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