GUJJALA RATNAKAR REDDY Vs. GUJJALA JANAKI

JUDGEMENT

(1.) The petitioner in F.C.O.P.No.117 of 2005 on the file of the Family Court, Warangal, filed this appeal under Section 19 of the Family Courts Act, 1984, feeling aggrieved by the dismissal of the O.P.

(2.) The marriage between the appellant and the respondent took place, way back on 14-03-1986. Shortly after the marriage, the appellant got employment in Kendriya Vidyalaya, Bangalore, and the parties lived there, for about 12 years. They had a daughter, who is now grown up. The appellant filed the O.P., under Section 13(1) (ia) (ib) and clause (iii) of Hindu Marriage Act, 1955 (for short 'the Act'). He stated that the respondent was harassing him in different ways, such as exhibiting rude and indifferent behaviour and using filthy language. He stated that on several occasions, the matter was brought to the notice of the elders also, and in spite of their intervention, there was no change in the attitude and conduct of the respondent. The respondent is said to have raised hands threatening to beat him.

(3.) The appellant stated that to get the mental status of the respondent checked, he has taken her to a Gastroenterologist, by name, Dr. Badrinarayana Soma, and thereafter, a Neurosurgeon/Psychiatrist, Dr. Ch. Mohan Rao; and they are said to have treated her. He further stated that at one point of time, he left the house, unable to bear the harassment of the respondent, and ever since then, there is no union between them. He stated that the marriage between them is irretrievably broken, and that he is entitled to be granted a decree of divorce. Reference was also made to a legal notice dated 01-08-2005, issued by him, requiring the respondent to join him for filing a divorce petition, with mutual consent.