K.NAGESWARA RAO Vs. K. SAILESWARI

JUDGEMENT

(1.) The petitioner in F.C.O.P.No.240 of 2009 on the file of the Family Court, Nellore, is the appellant. He filed the O.P. against the respondent for divorce under Section 13(1)(1b) of the Hindu Marriage Act (for short, 'the Act'). The trial Court dismissed the O.P. through order, dated 16.08.2013. Hence, this appeal.

(2.) The appellant pleaded that his marriage with the respondent was performed on 04.06.1972 and that the respondent deserted him in the third week of August, 1972 and again on 25.09.1972 by picking up quarrel. He stated that he made efforts to get the respondent back, but on failure of the efforts, he had approached the Family Court for divorce. He has also stated that the respondent filed O.P.No.6 of 1977 in the Court of Principal District Munsiff, Nellore, for maintenance and that the same was compromised and O.S.No.621 of 1979 filed by the respondent for the same relief was also compromised on 17.06.1981, providing for payment of maintenance at Rs.140/- per month. He ultimately pleaded for divorce stating that they are living separately for the past 29 years and that the marriage has broken irretrievably.

(3.) The respondent filed written statement admitting her marriage with the appellant. She, however, stated that she had to leave the matrimonial house, on account of the ill treatment meted by the appellant and his mother. She alleged that the appellant married several women over the period and his illegal activities have even been reported in press also. She has also furnished the names of the women, whom the appellant is said to have married as well as the details of certain proceedings.