ANGARA VIJAYA VENKATA RAMANA BABU Vs. ANGARA SESHARATNAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the husband aggrieved by the order dated 21.03.2002 in O.P. No. 65 of 1996 on the file of the Court of the Senior Civil Judge, at Ramachandrapuram, East Godavari. District, whereby and whereunder the said O.P. filed by him for dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short "the Act'), was dismissed.

(2.) For the sake of convenience, the parties hereinafter be referred to as 'Appellant' and 'Respondent' as arrayed in this C.M.A.

(3.) It is the case of the Appellant that the marriage between him and the Respondent was solemnised on 10.3.1984 and at the time of consummation of marriage, the Appellant found that the Respondent was suffering with filaria disease and the same was suppressed by the Respondent and her parents at the time of marriage and he raised a dispute with the Respondent and her parents. However, the Appellant wanted to live with the Respondent. In spite of that, the Respondent turned out to be an adamant woman; that she started treating the Appellant and his parents cruelly and abused them; that she was frequently refusing to take food or to keep herself in good order and that she had no reason for doing so. The Respondent suggested the Appellant to come as illatom son-in-law. It is realised from such a suggestion that the Respondent is suffering from mental disorder and that she did not relish or tolerate the company of others. While so, the Respondent left the house of the Appellant in the year 1985 and lived with her parents till about March, 1987. However, she joined the company of the Appellant due to the efforts made by the Appellant in March, 1987. But there was no change in her attitude and conduct and it was found that she lost mental balance to a great extent as she was always shouting at the top of her voice without any reason. She also started threatening the Appellant and his parents with dire consequences, if anybody disobeys her commands. The Appellant tolerated such attitude and conduct of the Respondent till June, 1989. When her behaviour was unbearable, her father took her away to his place with an assurance that he would send her back if there was change in her attitude and behaviour, perhaps, after getting the Respondent properly treated for her mental illness. Ultimately, in November, 1992, the Respondent along with her father came to the house of the Appellant and assured the Appellant that there was a change in her behaviour and she would conduct herself properly and she would be the dutiful wife, but those promises were found to be false. In spite of that the Appellant wanted to live with the Respondent. While things stood thus, the Respondent without informing the Appellant or his parents left the house of the Appellant on 02.06.1995 with an intention to severe all her relations with the Appellant and as such she deserted the Appellant from June, 1995 onwards. The Appellant got issued a notice dated 11.5.1996 to the Respondent calling upon her to join the conjugal life but she did not respond. As such, the O.P. is filed for dissolution of the marriage.