K RADHA RAJU Vs. K SEETHARAMA RAJU

JUDGEMENT

(1.) These two appeals filed by wife arise out of a common order of the Family Court at Hyderabad dated 27-8-1999 made in O.P.Nos. 775 of 1996 and 567 of 1995. Whereas O.P.No. 567 of 1995 has been filed by the husband against the wife seeking dissolution of marriage between the parties under Section 13(l)(ia) of the Hindu Marriage Act, 1955, the other O.P.No. 775 of 1996 has been filed by the wife under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Both the O.Ps were tried together and on the basis of common evidence adduced, the Family Court by a common order allowed O.P. No. 567 of 1995 granting decree of divorce and dismissed O.P.No. 775 of 1996 filed by wife for restitution of conjugal rights. Aggrieved by the said order the wife filed the present appeals viz., C.M.A.Nos. 108 of 2000 and 3186 of 1999 against the common order in O.P.No. 775 of 1996 and O.P. No. 567 of 1995 respectively. Since both these appeals arose out of a common order, they are heard and decided together.

(2.) For the purpose of convenience, the parties in these appeals are hereinafter referred to as the wife and husband.

(3.) It is admitted by both the parties that they were married on 8-12-1993 at Tirumala and the marriage was consummated on 10-12-1993. It is also admitted that even by the date of the marriage the wife is an employee of Railways and working as Enquiry-cum-Reservation Clerk at Secunderabad Railway Reservation Complex. It is also not in dispute that the father of the wife is also a Retired Railway Officer and the parents of the wife are residing at Mettuguda, Secunderabad, very near to the work place of the wife. The house of the husband is situated at Saleemnagar Colony, Malakpet, Hyderabad and both the parties admitted that soon after the marriage, the wife joined the husband at his house where he is staying along with his parents and younger brother.