B V SUBRAHMANYAM Vs. B SEETHA

JUDGEMENT

(1.) IT is human nature that when the matrimonial relations are unfortunately ruptured between the husband and wife, both of them would be prone to invent different versions and in that they would not hesitate to throw blame for such estrangement on each other and some times such estrangement is bound to give rise to various suspicious in their minds against each other. That is what exactly had happened in this case filed by the husband who sought a divorce Under Section 13 of the Hindu Marriage Act, 1955 ('the Act' for brevity) on the ground of wife's cruelty and mental torture.

(2.) THE brief facts as called out from the record are as follows. The marriage between the appellant-husband and the respondent-wife was performed on 28th May, 1978 at Hyderabad according to Vedic religious system. Later the marriage was consummated. At the time of the marriage, the husband was working in the Indian Overseas Bank at Karimnagar. The wife was studying in Library Science which she later completed the course. Both of them lived together as husband and wife at Karimnagar. In February, 1979 the respondent-wife had an abortion at her parents' house at Nampally, Hyderabad, by which time the appellant was transferred to Hyderabad from Karimnagar. They both lived for some time along with the mother of the appellant in the house of his sister at Ashoknagar and later they both resided in a rented house in Nampally area near the house of the respondent's parents. On 13-12-1979 the respondent was sent to her parents' house for delivery and on 15-2-1980 she gave birth to a male child by name Dinakar, but unfortunately the boy died-on 6-9-1981. The appellant never cared to take her back to the matrimonial house after the delivery of the first child. Besides, he vacated the house at Nampally and started living in the house of his sister at Ashoknagar. The appellant got himself transferred to Ongole and he was relieved at Hyderabad. Branch on 31-12-1980. But before that, in pursuance of the compromise between the parties at the instance of some elders, the respondent joined the appellant on 25-12-1980 in the rented house of the appellant at Ashoknagar. The respondent also joined the appellant at Ongole between 14-2-1981 and 9-4-1981. On 10-4-1981 the appellant was asked to undergo training at Hyderabad and hence he came along with his wife to Hyderadad and dropped her at her parents' house. Later on 24-12-1981 the respondent gave birth to a daughter by name Anuradha, Eversince the parties did not live as wife and husband.

(3.) THE main contention of the appellant was that he was humiliated and insulted and be was put to both mental cruelty and physical torture at the hands of the respondent and her parents, that she was always insisting that he should abandon his family members and sisters to which he never agreed, that the respondent never co-operated with him to lead a sexual life and made his life miserable and that there is irrevocable breakdown of the marriage between them and therefore he sought a decree of divorce. The respondent-wife denied that her husband was ever subjected to any cruelty and, on the other hand, she submitted that she has always been ready and willing to lead a marital life with him and her husband was guilty of desertion and as the apprehended danger to her life. she has no alternative except to take shelter in her parent's house. Both parties suspected sorcery in this case. The appellant. was examined himself as R. W-l and also examined one more witness. On behalf of the respondent, the wife was examined herself as R. W-1. The letters exchanged between the parties and the notices were marked.