LAWS(APH)-2013-6-44

MADHU KUMAR MY Vs. HIMA BINDU

Decided On June 10, 2013
Madhu Kumar My Appellant
V/S
Hima Bindu Respondents

JUDGEMENT

(1.) The appellant is the husband of the respondent. Their marriage was performed on 09-02-2000 and they were also blessed with a child. Appellant filed O.P. No. 65 of 2002 in the Family Court, Secunderabad, for divorce against the respondent, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act'). He pleaded that the respondent used to go to the house of her parents frequently and when the same was objected to by him, she picked up quarrels and informed of the same to her parents. It was also alleged that the parents of the respondent used to pick up quarrels with the appellant and his family and on certain occasions, she came with number of people to threaten them. The appellant further alleged that the respondent used to insist on setting up of separate family and on certain occasions, she threatened to commit suicide also. Reference was also made to the complaint submitted by the respondent against the appellant and his parents and making of anonymous calls to the sister of the appellant, abusing her. According to the appellant, these and other acts and omissions on the part of the respondent amounted to cruelty. The respondent opposed the OP by denying all the allegations alleged against her. It was stated that at the time of their marriage, her father presented a Maruti Van to the appellant, apart from giving gold ornaments, silver articles, etc. She stated that she never insisted on setting up of separate family, nor did she make an attempt to commit suicide. She denied the allegation that she made a complaint to the Police Station, Lal Bazar. It was alleged that the mother of the appellant is an employee in Government service and it was the respondent alone, who used to do the household work. Respondent alleged that the OP was filed at the instigation of the mother of the appellant.

(2.) The trial Court dismissed the OP, through order dated 22-08-2003. Hence, this appeal.

(3.) Sri M. Venkatram Reddy, learned counsel for the appellant submits that ever since the marriage, the respondent used to visit the house of her parents frequently and requested the appellant to set up a separate family. He submits that the parents of the respondent not only instigated her to create problems in the family, but themselves have acted in a very objectionable manner by bringing outsiders for threatening. He submits that the respondent used to threaten to commit suicide and has made life of the appellant miserable. According to him, a cause for divorce is made out.