ARCHNA ARYA Vs. SHASHIKANTH ARYA

JUDGEMENT

(1.) This CMA hasbeen filed by the appellant/ wife questioning the judgment and decree in O.P.No. 306 of 1995 on the file of the Family Judge, Hyderabad wherein the petition filed by the respondent/husband for divorce has been allowed.

(2.) The brief facts leading to the filing of the CMA are as follows: The marriage between the appellant and the respondent was performed on 7-4-1982 at Madhya Pradesh and after marriage they lived together at Ajmer. According to the respondent, from the first night onwards the appellant started saying that the sex performance of the respondent herein is not to her satisfaction and that she is not with him and that the desire of the appellant - wife has not been fulfilled by the respondent herein. Hearing such comments the respondent herein was perplexed since he is a potent man and questioned the appellant about her pre-marital sex experience and then the appellant told that while she was studying in Gwalior she came into contact with a Muslim boy fiend and that Muslim boy friend wanted to convert himself into Vedik Dharma and marry her and the appellant and her boy friend had an idea to marry each other since the parents of the appellant arranged the marriage with the respondent herein against her will and pleasure. After some time the appellant left to her parents house and she used to praise the Muslim boy and she did not evince any interest to lead marital life with the respondent herein and thereby the respondent herein suffered from mental agony and the appellant also threatened the respondent-husband herein with dire consequences by saying that Gwalior is very close to Chambal valley and she is a Phoolandevi.

(3.) It is also stated by the respondent here in that his mother is working as a Lecturer at Hyderabad and she is residing in Hyderabad at a house bearing No 4-5-753, Sultan Bazar, Hyderabad and the appellant and the respondent herein lived together at Hyderabad and during their stay also the appellant did not co-operate with the respondent and she never looked after him with affection and she always insulted and behaved in an arrogant manner and she used to say at the face of the respondent that there is no meaning to share bed with the impotent person. The appellant lived with the respondent till December 1992 at Hyderabad and went to her parents house in the month of January 1993. Since then the appellant is staying with her parents at Gwalior. It is also stated all the efforts that were made by the respondents through mediators became futile and hence the respondent-husband filed the petition seeking divorce.