B.VASUNDHARA Vs. B.ASWARTHANARAYANA RAO

JUDGEMENT

(1.) The marriage between the appellant and the respondent took place on 24.01.2004 at Mahanandeeswara Kshetram, Karivena Brahmana Sathram, Mahanandi Mandal, Kurnool District. The respondent filed M.O.P.No.14 of 2005 in the Court of Principal Senior Civil Judge, Nandyal against the appellant under Section 5 (i) and 11 of the Hindu Marriage Act (for short 'the Act'). He pleaded that just three months after the marriage, the appellant left his company without any intimation and on enquiries, the respondent came to know that the appellant was married to one Sri Bhaskar Sharma S/o.Sathavelli Dattatreya Sharma of Ramulakolanu Village, Simhadripuram Mandal, Kadapa District, on 01.05.2002. He has also stated that as on the date of their marriage, an O.P. filed by the first husband of the appellant was very much pending, so much so, the appellant has also initiated proceedings under Section 125 Cr.P.C. against the first husband.

(2.) The appellant opposed the O.P. by filing a counter. She stated that the respondent was very much aware of the subsistence of her first marriage with Sri Bhaskar Sharma. She pleaded that at the time of her marriage with the respondent, cash and golden articles were presented. It was also stated that she had to leave the house of the respondent unable to bear the harassment and that she has also filed a complaint under Section 498-A I.P.C. at Nandivargam Police Station which was registered as Crime No.109 of 2004. Other grounds were also pleaded.

(3.) The trial Court allowed the O.P. through order, dated 09.03.2009. Hence, this Appeal under Section 28 of the Act.