A. VENKATA RAMANAIAH Vs. CH. LAVANYA @ ALAHARI LAVANYA

JUDGEMENT

(1.) F.C.A.No.417 of 2013 is preferred under Section 19 of the Family Courts Act, 1984, by the petitioner in FCOP.No.20 of 2011 on the file of Family Court, SPSR Nellore District, aggrieved of order dated 08.11.2013, by which, the Family Court has dismissed the application filed by him under Section 13(1-A)(i) and 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of marriage performed on 12.02.2003, on the ground of non-resumption of cohabitation between the parties for a period of one year after passing of decree of judicial separation. F.C.A.No.45 of 2009 is filed by the same appellant, aggrieved of the order dated 05.01.2009, passed by the Family Court, Nellore, in FCOP.No.296 of 2008, by which, the appellant herein was directed to pay maintenance at the rate of Rs.2,500/- per month, to his daughter.

(2.) The appellant s marriage with the respondent was performed on 12.02.2003 at Nellore, in accordance with the Hindu rites and customs and they were also blessed with a female child on 06.03.2005. The petitioner is working as a Programmer (Group-A Officer) in Anti Corruption Branch of Central Bureau of Investigation, Hyderabad and the respondent is working as School Assistant in Zilla Parishad High School, Nidiguntapalem, SPSR Nellore District.

(3.) Earlier, the appellant herein has filed FCOP.No.214 of 2008 under Section 13(1)(ia) of the Hindu Marriage Act, before the Family Court, Nellore, seeking the relief of dissolution of marriage between him and the respondent on the ground of cruelty. At the same time, the respondent herein has filed FCOP.No.210 of 2008 under Section 9 of the Hindu Marriage Act, seeking the relief of restitution of conjugal rights. The Family Court, Nellore, by common order dated 05.01.2009, dismissed the petition filed by the respondent herein in FCOP.No.210 of 2008 and also rejected the relief of dissolution of marriage as sought by the appellant herein in FCOP.No.214 of 2008, but granted the decree for judicial separation for a period of two years. In the said judgment, the Family Court, observing that both the parties are young and are blessed with a daughter and they are living apart since two to three years and hoping their good senses may prevail for reconciliation, instead of granting decree of divorce, has granted the decree for judicial separation. The operative portion of the said order dated 05.01.2009, reads as under :