C.M.A. No. 348 of 1972 is against I.A. No. 2209 of 1971, on the file of the VI Assistant Judge, City Civil Court, and C.R.P. No. 751 of 1972 is against I.A. No. 11534 of 1971, on the file of the same Court. Both the above I.As. were filed in O.P. No. 48 of 1971. O.P. No. 48 of 1971 now pending before the VI Assistant Judge, City Civil Court, is a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act XXV of 1955. It was filed by the appellant, Dr. H.T. Veera Reddi, for getting the society of his wife Kistamma, the respondent, and her daughter by name Babarethinamma.

2. There is a long history behind between the parties prior to the filing of O.P. N0.48 of 1971. Their marriage took place as early as 194.3 and according to Kistamma, a daughter was born to them on 23rd December, 1958. Dr. H.T. Veera Reddi filed O.P. No. 63 of 1960 on the file of the City Civil Court, Madras, for divorce, alleging adultery and desertion on the part of his wife, Kistamma. On the dismissal of that O.P. for divorce, C.M.A. No. 83 of 1961 was filed in this Court and that was also dismissed. In L.P.A.. No. 31 of 1964, of this Court, Dr. H.T. Veera Reddi was granted ju