KANDE ANDALU Vs. KANDA SHANKAR

JUDGEMENT

(1.) Both the appeals are between the same parties. The appellant is the wife of the respondent. Their marriage took place way back on 20-12-1980 and they were also blessed with two daughters and one son, who are now not only married, but also settled in their respective lives.

(2.) The respondent i.e. the husband of the appellant, filed O.P.No.337 of 2000 in the Family Court, Hyderabad, under Section 13 of the Hindu Marriage Act (for short 'the Act') for divorce, against the appellant. The appellant, on the other hand, filed O.P.No.338 of 2000 against the respondent, under Section 9 of the Act, for restitution of conjugal rights. The respondent filed another O.P., being 356 of 2000 for custody of the minor children, born out of their wedlock. It is necessary to mention that the OPs were initially filed in different Courts, be it, at Mahabubnagar, or Secunderabad, and ultimately, all of them came to be transferred to the Family Court, Hyderabad, and re-numbered.

(3.) The plea of the respondent was that, ever since the marriage, the appellant has been harassing him on one pretext or the other, such as by insisting that he must reside in the house of her parents, and insulting him in various methods. He stated that when the appellant abruptly left the house at Mahabunagar, without information, he filed O.P.No.86 of 1987, and on receipt of notice, the appellant entered appearance and stated that she would live with the respondent, and thereupon, the O.P was withdrawn. It is also alleged that despite the promise made by the appellant, to live together, she once again deserted and caused cruelty to him.