POTNURU SUGUNA VANI Vs. POTNURU KRUPANANDAM

JUDGEMENT

(1.) THIS appeal is directed against the order and decree dated 09.03.2009 made in O.P. No. 510 of 1999 on the file of the Judge, Family Court, at Visakhapatnam, whereby and whereunder the petition filed by the respondent herein seeking divorce under Sections 18 and 19(4) of the Indian Divorce Act (for short 'the Act') was allowed declaring the marriage of the appellant and the respondent herein as null and void.

(2.) THE appellant herein is the respondent before the Family Court and wife of the respondent herein. THE parties hereinafter will be referred to as they are arrayed before the Family Court for the sake of convenience.

(3.) THE respondent filed a counter denying the allegations made by the petitioner. Her case is that at the time of marriage her parents presented an amount of RS.25,000/-, Wrist Watch and Gold Ring to the petitioner towards dowry and that subsequently he ill-treated her demanding additional dowry of RS.25,000/- and that even after she gave birth to a male child on 06.08.1998 the petitioner continued to harass her and that ultimately the petitioner necked her out of his house on 04.08.1999 and in the above circumstances she lodged a complaint to the Station House Officer, Steel Plant Police Station, Visakhapatnam, and a case in Crime No.48 of 1999 under Section 498-A IPC was registered against the petitioner. It is also her case that her marriage with one Jacob was performed at his house and subsequently the same was dissolved as per their caste custom before their caste elders and that a divorce deed was also executed. It is also her case that the said Jacob again married one Ramanamma and who gave birth to a female child namely Shailaja. She has denied the allegation that she has been living with her former husband Kanithi Jacob. Thus, she has specifically denied that her earlier marriage with Jacob was solemnized as per Christian rites and customs at RCM Church, Balanki village on 09.05.1990 as alleged by the petitioner.