OLETI BHASKARA RAMAKRISHNA Vs. OLETI RAMA KUMARI

JUDGEMENT

(1.) The appellant is the husband of the respondent and their marriage took place on 28.06.1986. He filed O.P.No.159 of 2000 in the Family Court, Visakhapatnam, against the respondent, for divorce, under Section 13(1)(ia)&(ib) of the Hindu Marriage Act, 1955 (for short 'the Act'), by pleading the grounds of cruelty and desertion. It was alleged that ever since the marriage, the respondent did not participate in family life, and that she used to insult him in several ways. It was also alleged that the respondent abruptly left the matrimonial house in the year 1997, and she did not come back, inspite of repeated requests. It was mentioned that in the year 2000, the respondent got issued a notice, proposing for mutual divorce, by insisting on payment of Rs.2,00,000/- and, thereafter, she resiled.

(2.) On receipt of notice in the O.P., the respondent filed counter. She denied the allegations made in the O.P. She stated that after the marriage, they lived together for four years at S. Kota, and for 5 years at Kesara. From the year 1996 to 1999, they are said to have lived in the railway quarters at Visakhapatnam. She alleged that on receiving information about the death of her maternal grand-mother, she left for Chodavaram in December, 1999, and by the time she came back, the appellant vacated the house. Her further allegation was that when she went to the house of the parents of the appellant where he was living, entry was denied to her and, at a later point of time, her articles were returned, by taking an acknowledgment. She expressed her willingness to live with the appellant.

(3.) Through its order, dated 16.01.2003, the trial Court dismissed the O.P. Hence, this Civil Miscellaneous Appeal, under Section 19 of the Family Courts Act.