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1974 Supreme(Mad) 61

MAHARAJAN
A. R. Munuswamy Rajoo – Appellant
Versus
Hamsa Rani – Respondent


Advocates:
G. Venkataraman, for Appellant; V. Janakiraman, for Respondent.

JUDGMENT :- The appellant Munuswami Rajoo is the lawfully wedded husband of Hamsa Rani, the respondent. The marriage between the two took place on 6-6-1963. A son was born out of the wedlock on 22-12-1964. 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 16-10-1966. The appellant filed a petition, O. P. 206 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. 235 of 1968 against the appellant-husband for restitution of conjugal rights. The appellant filed a counter vehemently contesting the petition on the ground that the respondent had deserted him and was living in adultery. These objections were overruled by the trial court and a decree for restitution of conjugal rights was granted on 16-12-1970. No appeal was filed against this d































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