K SANDHYA Vs. K VENUGOPALA RAO

JUDGEMENT

(1.) This appeal is directed against the order dated 9-6-2000 made in O.P.No.59 ot 1996 passed by the Senior Civil Judge, Sathupalli, allowing the O.P.

(2.) The appellant herein is the wife. The respondent filed the O.P. under Section 13(1 )(ia) of the Hindu Marriage Act, 1955 (for short, the Act) for dissolution of the marriage by a decree of divorce on the ground oi cruelty. The marriage between the appellant and the respondent took place on 15-5-1993 at Saidabad, Hyderabad. After the marriage both of them lived happily for sometime at Kallur of Khammam district and they were blessed with a male child, It is stated that two years prior to the filing of the O.P., the appellant became violent, eccentric, it is stated that with a view to bring a change in her, the respondent also put up a separate family in the same village, but his efforts were in vain and there was no change in the attitude of the appellant. It is stated, on the other hand, it has increased. It is stated that the violent behaviour of the appellant, both inside and outside the house, has become a source of impersonation to the respondent and the members of his family in the village. It is stated by the respondent that his family commands respect in the village. It is also stated that though he requested the appellant to consult a Doctor and offered her to a Doctor, but she refused to come and on the other hand threatened to commit suicide if she is taken to a Doctor. According to the respondent, this attitude of the appellant put him to great misery and mental cruelty. It is also stated that she has been visiting the school where he was working as a teacher and disturbing him and causing annoyance to the Head Master. The respondent further stated in the petition that the appellant is of a nagging type constantly insulting him even in the presence of his friends, servants and guests. The respondent further stated that the appellant insisted that he should have no relations with his parents, brothers and sisters. The respondent further stated that the appellant was never dutiful and obedient to him. He further stated that she used to leave the house periodically even without informing him of her whereabouts. The respondent further stated that he even tried to impress upon the parents of the appellant for treatment of her mental disorder and to control her violent mental imbalance but even they expressed their inability.

(3.) The respondent further stated in his application that the appellant left his house on 20-8-1996 without informing him and after waiting for a week and finding no information, he issued a legal notice to the respondent on 27-8-1996 to her father's address asking her to undergo thorough medical check up and rectify her attitude, as otherwise, it has become practically impossible for him to live with her any longer and to continue marital relations. To the said notice, the appellant issued a reply on 9-9-1996 denying all the material allegations. In her reply she also stated that he is living an immoral life having illicit relationship with one Smt. Chakali Pullarnma and in order to get rid of the appellant, he created all problems and blaming her. It is also stated in the said reply notice that the said Chakali Pullamma is a mother of two children and leading a respectable life by attending to various house in collecting clothes for ironing, including the house of the respondent. The respondent further stated in his application that he never beat or harassed her. He denied that the appellant tolerated any atrocities at his hands. He is also not aware of any complaint said to have been given by the appellant to the police. He also denied that he beat the appellant and necked her away from the house on 20-8-1996 along with her son and that on that court she took shelter in her parents house.