AKULA DEVI PADMAJA Vs. AKULA VEERA VENKATA

JUDGEMENT

(1.) The appellant is the wife of the respondent. Their marriage took place, on 12.06.1988, and they were also blessed with a male child in the year 1999. However, on account of the disputes between them, the appellant started living in the house of her parents, from the year 1999 onwards. The respondent filed O.P. No. 47 of 2003 in the Court of Senior Civil Judge, Tadepalligudem, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act'), for divorce against the appellant. He pleaded that the appellant is an educated woman, whereas he is not that much educated, and on being insisted by the appellant and her parents, he started the pesticides business, though he was from an agricultural family. He stated that he sustained huge loss due to lack of knowledge in the field, and thereafter, the appellant and her parents started insisting that the mother and grandmother of the respondent must execute deeds of settlement in favour of the appellant and the respondent. It was also his case that when his mother and grandmother did not agree for the demand, he made an attempt to murder his parents and grandmother, on being instigated by the appellant.

(2.) The respondent further stated that after moving to the house of her parents, the appellant filed a complaint in the P.S. Tadepalligudem, under Section 498-A of I.P.C., and the same was registered as Crime No. 132 of 2002. He is said to have been arrested in connection with that. The appellant is said to have got issued a notice dated 09.06.2002, alleging that the respondent is addicted to alcohol and he misrepresented about the extent of property held by him and that huge amounts were given to him between 1999-2000 by her father. The respondent ultimately pleaded that the acts and omissions on the part of the appellant constitute desertion and cruelty, and accordingly, prayed for a decree of divorce.

(3.) The appellant filed a counter opposing the O.P. She reiterated the contents of the notice got issued by her on 09.06.2002. She stated that herself and the child were given the worst possible treatment, when she was at the house of the respondent and that on many occasions, he drove them out in the middle of the night requiring them to travel in lorries. It is also stated that under the influence of alcohol, he tried to kill the child on the first birthday. She denied the allegation that she instigated the respondent to murder his parents and grandmother.