K R SRINIVAS Vs. DHARMAVARAM SRIDEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the respondent-husband against the order, dated 29-03-2004 passed in H.M.O.P. No. 34 of 2002 on the file of the Principal Senior Civil Judge, Tirupati. The petitioner herein is the respondent in the said O.P. For convenience sake, the parties hereinafter will be referred to as they were arrayed in the O.P. The petitioner-wife filed the said O.P. before the lower Court under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') to grant divorce by dissolving the marriage between herself and the respondent. The averments of the petition, which are necessary for the disposal of this appeal, read as follows:

(2.) The respondent filed counter affidavit denying all the averments made in the affidavit filed by the petitioner and stated that the petitioner is put to strict proof of the said allegations made against him. He further stated that all those allegations are made at the instance of the parents of the petitioner only, but not by the petitioner. They are trying to separate them. He looked after the petitioner very affectionately and he never behaved adamantly towards her. He provided all the requirements to the family members of the petitioner by spending his entire income. He secured the job to the petitioner and during the time of her pregnancy, he looked after her very affectionately. Without the company of petitioner, "he is not in a position to lead peaceful life and he is ready to take back the petitioner to the matrimonial home. There is no cruelty as alleged in the petition and therefore, the petitioner is not entitled to seek divorce.

(3.) Before the lower Court, the petitioner herself was examined as PW-1 besides examining PW-2. On behalf of the respondent, he himself was examined as RW-1. No documentary evidence was adduced on either side.