TAV RAMMOHAN Vs. TEKURU SRIDEVI

JUDGEMENT

(1.) The appellant married the respondent on 02-05-2001 at Hyderabad. They were also blessed with a female child, who was named as Rishitha. Stating that the appellant subjected her to harassment and cruelty and has deserted her, the respondent filed FCOP No. 869 of 2010 in the Family Court, Hyderabad, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act), for divorce. She has furnished the various instances, which, according to her, constitute acts of cruelty and desertion, and ultimately prayed for the decree of divorce. It was alleged that appellant himself agreed to obtain a decree of divorce through mutual consent. The appellant opposed the O.P. by filing counter. He denied all the allegations made against him and stated that they have been invented only to seek divorce. He has also stated the manner in which he has looked after the respondent and their minor child and furnished the particulars of expenditure incurred by him for the treatment, etc. According to the appellant, the OP for divorce by mutual consent was filed, only with a view to cool down the passions and the appellant never wanted the marriage to be dissolved. Apart from that, he has also filed a counter-claim under Section 9 of the Act, for restitution of conjugal rights.

(2.) The respondent opposed the counterclaim by filing a counter. She stated that though they were living separately from the year 2007 onwards, the appellant did not think of living together, and the counter-claim was made only as a reaction to the OP., filed by her. It was also alleged that in the year 2008, both the parties agreed to obtain divorce by mutual consent and accordingly filed O.P. No. 850 of 2008 in the Family Court, Hyderabad, and when the O.P. was called after six months, the appellant did not turn up, though neither there was any change of circumstances, nor reunion.

(3.) Through its order dated 31-08-2012, the trial Court decreed the O.P. and dismissed the counter-claim. This appeal is filed under Section 19(1) of the Family Courts Act, 1984, against the said decree.