V.VENKATESHWARLU Vs. V.MAMATHA

JUDGEMENT

(1.) The appellant is the husband of the respondent. Their marriage was performed on 16.08.1998 at Secunderabad and out of the wedlock, they had two female children. The appellant filed O.P.No.353 of 2002 in the Family Court, Hyderabad for divorce against the respondent by pleading grounds of cruelty under Section 13 (i) (ia) of the Hindu Marriage Act (for short 'the Act'). He pleaded that ever since the marriage, the respondent was harassing him on trivial issues and in fact, left the matrimonial house on 25.05.2000. Thereafter, she is said to have returned, but again left the home on 21.09.2000. He alleged that the respondent used to insist on putting a separate residence from the parents of the appellant and in spite of his best efforts, there was no change in her attitude. It was stated that though he got issued a legal notice, dated 28.04.2002, requiring the respondent to join him, she did not accede to the request and on the other hand, had initiated false criminal proceedings.

(2.) The O.P. was opposed by the respondent. She pleaded that at the time of marriage, dowry of Rs.3,00,000/- was given to the appellant apart from household articles and gold items. It was alleged that she was beaten and ill-treated by the appellant. She stated that on several occasions, compromise was effected, but the cruel attitude of the appellant did not change. She stated that she underwent operation on 10.01.2002 for appendicitis, which, according to her, was caused on account of the highhanded acts on the part of the appellant, and that he did not even care to see her when she was in hospital. She pleaded that unable to bear the harassment caused to her, she had to approach the Police under the relevant provisions of law.

(3.) Through its order, dated 15.10.2004, the trial Court dismissed the O.P. Hence, this appeal.