BYRI NARAYANAMMA Vs. BYRI SITHARAMA MURTHY

JUDGEMENT

(1.) The marriage between the appellant and the 1st respondent (for short 'the respondent') took place, on 31.10.1992. The respondent is said to be assisting his father in 'Pourohityam', and thereafter, he started doing the same. Out of the wed-lock between the appellant and the respondent, a baby child was born, in the year 1993. They lived together for quite a considerable length of time amicably. The respondent got issued a notice, dated 16.01.2000, marked as Ex. A.1, through an advocate narrating the factum of marriage and the birth of the child, and the manner in which the parties lived up to that date was also mentioned. Thereafter, it was alleged that the appellant developed illicit intimacy with the 2nd respondent and when questioned about the same, the appellant is said to have replied that she is willing to give divorce to the respondent. On that basis, a demand was made to the appellant to agree for divorce.

(2.) On receipt of the notice, the appellant got issued a reply denying all the allegations. She further stated that after the birth of the child, she has been subjected to harassment for bringing additional dowry, and in that context, panchayats were held, with the participation of elders from both sides and the respondent has agreed to live peacefully with the appellant. It has also been mentioned that demands were made thereafter, and the appellant was driven out of the house. A complaint was submitted before the nearby police station.

(3.) The respondent filed O.P. No. 3 of 2001 in the Court of Senior Civil Judge, Chodavaram, against the appellant, for divorce. He alleged adultery on the part of the appellant and the 2nd respondent was made a party to the O.P., in that context. The appellant repeated the contents of Ex. B.2, in the counter. The trial Court allowed the O.P., through its order, dated 13.11.2002. Hence, this appeal under Section 28 of the Hindu Marriage Act.