LAWS(APH)-2014-1-81

Y.RAJKUMAR Vs. SOUJANYA

Decided On January 24, 2014
Y.Rajkumar Appellant
V/S
Soujanya Respondents

JUDGEMENT

(1.) The appellant is the husband of the respondent. Their marriage took place on 11.05.1996. He filed O.P.No.65 of 1998 in the Court of Senior Civil Judge, Nizamabad, against the respondent, for divorce, pleading the grounds of cruelty. He pleaded that though they lived together for about one month after the marriage, it was not consummated, on account of lack of cooperation on the part of the respondent. He further pleaded that he went to Kamareddy on 23.01.1997 to meet the family doctor of the respondent and the doctor is said to have suggested plastic surgery for the respondent. He alleged that though there was no indication of any pregnancy in the prescription given on 23.01.1997, it was altered later on indicating that the respondent was pregnant.

(2.) The appellant stated that the respondent filed O.P.No.10 of 1998 in the Court of Senior Civil Judge, Bodhan, under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act'), for restitution of conjugal rights, but the same was dismissed for default. According to him, in the course of counselling during the pendency of that O.P., he agreed to live with the respondent and when they started living together, he found some poisonous substance in the bag of the respondent. With these allegations, he prayed for divorce.

(3.) The respondent filed a counter, opposing the O.P. She stated that the appellant made several reckless allegations against her in an attempt to seek divorce. She pleaded that they lived together for quite some time, so much so, a boy was born out of their wedlock, and suppressing the truth, the appellant filed the O.P. She denied the allegations made against her.