ORDER.- The appellant Munuswamy Rajoo is the lawfully wedded husband of Hamsa Rani, the respondent. The marriage Between the two took place on 6th June, 1963. A son was born out of the wedlock on 22nd December, 1964. The case of the respondent was that the appellant was having illicit intimacy with one Sundarammal and that consequently he treated her (the respondent) cruelly and drove her and her son away from his house on 16th October, 1966. The appellant filed a petition, O.P. No. 208 of 1966 against the respondent, for dissolution of the marriage on the ground of desertion and adultery. This petition was dismissed because the appellant failed to pay the litigation expenses and interim maintenance ordered by the Court. Unfortunately, the appellant allowed this order to become final. Meanwhile, the respondent-wife filed O.P. No. 235 of 1968 against the appellant-husband for restitution of conjugal rights. The appellant filed a counter vehemently contesting that petition on the ground that the respondent had deserted him and was living in adultery. These objections were over-ruled by the trial Court and a decree for restitution of conjugal rights was granted on 16th December, 1970.

Click Here to Read the rest of this document