P.JAYARAM Vs. P.SUDHA LAXMI

JUDGEMENT

(1.) The marriage between the appellant and the respondent took place on 30-11-2002 and they are also blessed with a child in the year 2004. Thereafter, the parties are living separately. While according to the appellant, the respondent left his house at the time of delivery of child and did not turn up, the version of the respondent is that the appellant deserted her and did not take her back in spite of repeated requests.

(2.) Alleging that the respondent resorted to acts of desertion and cruelty, the appellant filed O.P. No.91 of 2006 in the Court of Senior Civil Judge, Sanga Reddy. He pleaded that soon after the marriage, the respondent started harassing him to put up a separate residence in spite of the fact that he is the only son to his old parents, who are suffering from various ailments and that though a separate residence was established, the respondent did not turn up. He pleaded that the acts of the respondent have also caused untold agony to his parents. Ultimately, he pleaded for decree of divorce.

(3.) The respondent filed a counter opposing the O.P. She pleaded that at the time of marriage, quite a considerable amount was given in cash and valuable articles were also presented that included two kilograms of silver articles. She pleaded that the appellant insisted that soon after the delivery of their child, she should come back despite the promise of her parents that as soon as her health becomes stable and customary functions are over, she would be sent. Reference was also made to the correspondence that ensued in this regard. She pleaded that the elder sister of the petitioner is the root cause for the disturbances in the family and unable to bear the harassment, separate residence was put up. She stated that when the appellant did not evince interest to take her to the matrimonial home, she filed a maintenance case and despite the order passed therein, the appellant did not pay the amount. She further pleaded that unable to bear the harassment, she filed a complaint, which was taken on file before the concerned Court, for the offence punishable under Section 498-A IPC.