K SRIRANI SMT Vs. K MADHAVA RAO

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the decree and judgment passed in Original Petition No.19 of 1985 on the file of the Subordinate Judge's Court, Gudivada. By his judgment dated February 10, 1992, the learned Subordinate Judge allowed the Original Petition filed by the respondent - husband granting a decree of divorce dissolving the marriage between the appellant-wife and the respondent-husband. Aggrieved by that, the appellant-wife preferred this appeal.

(2.) The respondent-husband in his petition filed under Section 13(1) (1a) and (1b) of the Hindu Marriage Act, alleges that the marriage between the respondent and the appellant-wife took place on April 24, 1980 at Pamarru; that the appellant joined the respondent at Gannavaram and she lived with him till she was taken to Pamarru by her father; that the appellant ever since the marriage was showing dislike towards him and openly declaring that the marriage was against her will and pleasure; that he learnt that the appellant gave birth to a male child and in spite of efforts made by the respondent to get her back through mediators, she did not come and join him and thus deserted him; that the respondent gave a notice on December 6, 1983 demanding the appellant to come and lead a family life and that though the appellant received the same, she did not choose to give any reply and subsequently gave a reply on December 16, 1983.

(3.) The appellant-wife denied all the allegations and contended that they lived together till 1980; that she became pregnant and her husband insisted that she should cause abortion; that since the appellant did not like for the same, she was sent away accompained by her nephew; that thereafter the appellant's brother - Varaprasad, went to Gannavaram and brought the appellant to Pamarru to consult a doctor; that the Doctor advised her against abortion; that on December 19, 1980 Sreemantham function was celebrated at the house of eldest sister of the respondent at Puligadda; that on March 15,1981 a male child was born; that on the 27th day 'Namakaranam' was performed at Pamarru to which function, the respondent, his father, sisters and others have attended; that on August 11,1981, the respondent's another brother - Sudhakara Sarma, took the appellant and the baby to the respondent's house at Gannavaram; that the respondent did not allow them to enter the house; that again on August 14, 1981, the appellant's mother took her and the baby to Gannavaram and that two days after that the respondent picked up a quarrel with the appellant's mother and drove them away and thereby the appellant was forced to return to Pamarru. Thereafter several attempts were made by the appellant and her brothers to reconcile them, but they were made futile; that the Appellant's fourth brother - Prabhakara Sarma, took her again along with the child to Gannavaram and again on January 18, 1982, the respondent sent away the appellant. On June 1,1982 the appellant's brother-Prabhakara Sarma, took the appellant and her child and left them at Gannavaram and they lived together for 22 days. Again, the respondent sent away the appellant to Pamarru along with the child. Thereafter, the appellant was shifted to Vijayawada from Gannavarm. Therefore, according to the appellant, it is the respondent who deserted her.