M PRABHAKARA RAO Vs. ANNE HEMALATHA

JUDGEMENT

(1.) This appeal arises out of the order passed on 30-10-1989 by the Additional Chief Judge-cum-Second Additional Special judge for SPE and ACB cases,City Civil Court, Hyderabad, in Original Petition No.199 of 1988.

(2.) The said petition was filed for dissolution of marriage under Sec. 27(l)(b) of the Special Marriage Act by the petitioner-husband stating that he was married to the respondent on 17-4-1974 under the Special Marriage Act at Visakhapatham vide Ex.A-1 certificate; that they lived together as husband and wife at Hyderabad till October, 1985; that thereafter differences arose between them as the respondent was devoting her entire time in the activities of the Service association as its President while she was working as a Clerk in the Andhra Pradesh State Financial Corporation and that she neglected and deserted him sinee October, 1985. It is stated further that he issued a notice to her on 17-2-1988 to which she replied with false allegations.

(3.) Respondent resisted the petition saying that they were living as husband and wife at hyderabad till July, 1985 when tine petitioner was promoted and posted to Anakpur Branch of Andhra Bank in Nizambad District, while she was working at Hyderabad; that the petitioner wanted to construct a house and asked her to stay back at Hyderabad to attend to the construction wrok and was paying visits to Hyderabad till October, 1987 and thereafter as he wanted her to get money for construction of the house from her father, which she could not fulfill, he stopped coming to her place and filed this petition. It is her case that she never neglected or deserted him at any point of time.