KAMAKSHI ALIAS PADMAVATHI Vs. V CHENCHURAMAIAH

JUDGEMENT

(1.) When the matter came up for hearing on 30/6/2003, none appeared on either side and hence the matter was directed to be listed on 1/7/2003. When the matter came upfor hearing on 1/7/2003 none appeared forthe respondent and the learned counsel for the appellant was heard and the matter was directed to be listed to-day for Judgment. Even to-day, even though the respondent is served, none appears. Hence the matter is being disposed of basing on the material available on record and after hearing the learned counsel for the appellant.

(2.) This appeal is directed againstthe order of the learned Principal Senior Civil Judge, R.R.DistrictatSaroornagardated 23-2-1998 made in O.P.No.130 of 1988 allowing the same.

(3.) The appellant herein is the wife. The respondent husband filed the above O.P. under Section 13 (1) (i and ib) of the Hindu Marriage Act, 1955 (for short the Act), seeking a decree of divorce against the appellant/wife on the grounds of adultery and desertion. The marriage between the appellant and the respondent took place on 21-12-1985. According to the Respondent, the appellant did not allow the respondent to have sexual intercourse for 3 continuous days of nuptial ceremony on one pretext or the other and the marriage was not consummated and hence no children were born to them out of the said wedlock. According to the Respondent, the appellant joined him in April 1986 and started living with him at Marredpalli at his residence and even during that period she did not allow him to have sexual intercourse with her. According to the Respondent, when the appellant complained of stomach pain, he got her examined by a Doctor and to his utter surprise he was informed by the Doctor that the appellant was pregnant by three months by 1-6-1986. According to the Respondent, the appellant promised that she will not commit any adultery in future and that she will lead a matrimonial life and requested him to get her pregnancy aborted, and accordingly on 7-6-1986 the pregnancy was terminated and she stayed with him till the first week of July, 1986 and left his house during Ashada masam. It is also the case of the Respondent that she took away all her belongings which were given at the time of marriage and she proclaimed that she will join him if he takes a separate house. Accordingly, the Respondent took a separate house for rent in September 1986 at Maruthingar and wrote a letterto the appellant to join him, but she did not care to join the company of the respondent. Hence the O.P. by the Respondentfordivorce on the grounds of adultely and desertion.