CHINTALA VENKATA SATYANARAYANA RAO Vs. CHINTALA SHYAMALA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 28-2-1997, in O.P. No. 75/1995 on the file of the learned Family Court-cum-IV Additional District and Sessions Judge, Vijayawada.

(2.) Appellant herein filed the above petition under Sections 13(1)(i), 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, for dissolution of his marriage with the respondent alleging that his marriage with the respondent was solemnized according to Hindu Dharma Sastras and Caste Customs on 4-5-1984 at Tiruvuru. The marriage was consummated. Appellant and respondent led marital life at Vijayawada for some time and thereafter petitioner got employment as Assistant Professor in Vasavi Engineering College, Hyderabad. Therefore, they shifted to Hyderabad in the month of March/April 1985. During their lawful wedlock, they were blessed with a female child on 20-9-1985. The father of respondent acquired extensive movable and immovable properties in and around Tiruvuru. Since appellant was not wealthy, respondent expressed her dissatisfaction saying that great injustice was done to her as the appellant did not have good financial status. Respondent was from the very beginning was short-tempered, adamant, irritative and of uncompromising attitude. She never treated appellant with affection. She never cared to look after him or their child. Respondent used to insult appellant in the presence of others and complain that there was age gap between them. She used to pick-up quarrels with appellant day-in and day-out for no cause. She even went to the extent of attempting to stab appellant with a knife. Appellant was subjected to all sorts of cruelty. In the month of January 1988, respondent left the appellant all of a sudden and thereafter she did not join appellant. Respondent made wild, baseless and malicious allegations against appellant in her notice and through the notice only appellant came to know that respondent gave birth to a female child on 28-2-1989. 2nd child was not conceived by respondent out of the lawful wedlock with appellant.

(3.) Respondent filed a counter denying the allegations levelled against her except the factum of her marriage with appellant. It is alleged that sisters and brothers of appellant used to ill-treat her and used not to provide food. Appellant was unable to control them and he used to abuse respondent. At the time of the marriage, respondent gave Rs. 1,00,000/- as Stridhana, gold and silver articles. Appellant, his brothers and sisters threw respondent out of the house in July 1988 when she was carrying second month of pregnancy. After appellant secured a job at Delhi, she along with her mother and brother-in-law went to Delhi and requested appellant to live with appellant, (her,) but he refused to live with her and threatened her that he would kill her if she stayed at Delhi. Appellant was living with another woman by name Lakshmi at Delhi. Respondent got issued a notice in the year 1991 to take her back, but appellant did not respond to it. Respondent filed a case under Section 125, Cr. P. C., for maintenance and, therefore, as counterblast appellant filed the petition for divorce with false and baseless allegations with ulterior motive. Respondent thus prayed to dismiss the O.P.