NAMUDURI SRINIVAS Vs. K RADHA

JUDGEMENT

(1.) These two family Court appeals, under Section 19(1) of the Family Courts Act, 1984 are between the same parties. Hence, they are disposed of through a common judgment.

(2.) The appellant is the husband of the respondent. Their marriage took place on 12.04.2007 at Hyderabad. The respondent was employed in ICICI Bank. It appears that loan of about Rs.2 lakhs was raised by the family of the respondent from the said Bank. At the threshold of the marriage itself, the appellant expressed his displeasure about the employment of the respondent and the borrowing of the loan to be repaid through deductions from her salary. The simmering differences resulted in their living separately, within a short time.

(3.) The respondent filed O.P.No.96 of 2008 in the Court of the II Additional Senior Civil Judge, at L.B. Nagar, R.R. District, under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for a decree directing restitution of conjugal rights between her and the appellant. The O.P. was transferred to the Family Court at L.B. Nagar, R.R. District, and was renumbered as O.P.No.111 of 2008. Almost all the same point of time, a petition, under Section 125 of Cr.P.C., was also filed by her for maintenance. After receiving a notice in O.P.No.111 of 2008, the appellant filed a counter opposing the same. It was pleaded that the fault is with the respondent and that to cover up her lapses, she filed the O.P. for restitution of conjugal rights. It is also stated that the nuptials were not performed after the marriage.