V.KAMESWAR RAO Vs. UMADEVI

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal and the Transferred Appeal Suit are between the same parties. Hence, they are disposed of, through this common judgment. For the sake of convenience, the parties are referred to, as arrayed in the CMA.

(2.) THE appellant is the husband of the respondent. Their marriage took place on 19.02.1984 at Yellendu, and it was also consummated. They lived together for a short period. The appellant filed O.P.No.224 of 1997 in the Family Court, Secunderabad, under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 (for short 'the Act'), against the respondent, for divorce. He pleaded that hardly within 10 days from the date of marriage, the respondent deserted him, and inspite of his repeated efforts, she did not come back. He stated that the respondent was quarrelsome in nature, and was in the habit of insulting him in various methods. A detailed account of the nature of relations between them was furnished. He ultimately pleaded that the respondent has deserted him from 1988 onwards, and that various acts and omissions on her part constitute cruelty.

(3.) THE respondent filed O.S.No.86 of 1999 in the Court of Additional Senior Civil Judge (FTC), Kothagudem, against the appellant, for return of dowry of Rs.3,68,400/ - with interest. It was pleaded that at the time of marriage, the parents of the respondent have presented cash and gold ornaments, and hardly within few days from the date of marriage, she has been deserted by the appellant. A detailed account of the nature of relations that existed between the parties was furnished, and ultimately, she prayed for a decree. The appellant opposed the suit, by denying the allegations in the suit. The suit was dismissed through judgment, dated 09.06.2009. A.S.No.158 of 2009 was preferred by the respondent in the Court of V Additional District Judge, Kothagudem, against the judgment and decree in the suit. As per the orders, dated 25.01.2010, in C.M.A.No.2488 of 2001, the said appeal was transferred to this Court and numbered as Tr.A.S.No.120 of 2010.