KAKANI SUJATHA Vs. KAKANI LAKSHMAIAH

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in O.P. No.24 of 1995 on the file of the Subordinate Judge, Kovali, dated 9.5.1997 allowing the same.

(2.) The appellant is the wife.

(3.) The husband filed O.P. No.24 of 1995 under Section 9 of the Hindu Marriage Act, 1955 (for short "the Act") for restitution of conjugal rights. The allegations in the OP were that the petitioner Kakani Lakshmaiah married the respondent Kakani Sujatha on 1.8.1992 in Sri Mallikarjunaswamy Kamakshitai Temple, Jonnawada as per the Hindu customs and traditions. The respondent joined the petitioner in his house at Viswanadharaopet, The first wife of the petitioner died in the year 1985 leaving the petitioner and his six daughters and one son. The respondent was also married another woman and her marriage was dissolved by way of a decree of divorce. By the date of marriage of petitioner, he got married his three daughters begot through his first wife and he intended to perform the marriage of his 4th daughter and settled the alliance in August 1993. The fourth daughter of the petitioner has been residing along with them. Some disputes arose between the petitioner and the respondent with regard to marriage of 4th daughter. In the month of February, 1993 the parents of respondent came to the petitioner's house to take her to Vidavalur and promised that they would send her back after some days. But they did not send the respondent to the petitioner. The petitioner personally requested the respondent to come and live with them. But she did not come in spite of his personal requests. After some time the petitioner sent mediators Bochu Ramachandraiah and Mamidala Sankaraiah of Bitragunta and Ulavapalla respectively. But the attempts of mediators also failed as the respondent's mother and brother Subrahmanyam abused and told them that they will send the respondent only after the completion of marriages of all the daughters of petitioner. As the respondent did not come, the petitioner got issued a notice on 1.8.1993. The petitioner again got issued another notice on 9.6.1994 requesting the respondent to join him. But the respondent got it returned. Hence OP was filed for restitution of conjugal rights. The respondent filed counter admitting the marriage between the petitioner and the respondent and admitting the petitioner's first wife having 7 children. The respondent denied the petitioner's claim of sending mediators Bochu Ramachandraiah and Sankaraiah. She also denied the sending of notice on 24.7.1993. It was further contended by the respondent that her parents presented cash of Rs.5,000/- towards dowry and marriage expenses and presented all the house hold articles like cots, steel vessels about Rs.5,000/-. Though the respondent is looking after the petitioner and his children with great love and affection, the petitioner used to scold her and beat her indiscriminately on the ground that she did not get money from her parents whenever required by him. The respondent went to her parents house in Vidavalur having waited for 2 1/2 years for a change in the attitude of the petitioner. It was further contended that the petitioner left the respondent in the house of one Subbaramireddy and Peddamma on one occasion and later the mediators advised the respondent to go to her parents house. Since then the petitioner did not take the respondent. It was further contended that the petitioner wrote several letters to the brother of the respondent to provide money for his necessities.