JALAGAM KANTHA RAO Vs. JALAGAM UMA MAHESWARI

JUDGEMENT

(1.) The unsuccessful petitioner in H.M.O.P.No.90 of 1998 on the file of the Principal Senior Civil Judge, Nellore, filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act').

(2.) The marriage between the appellant and the respondent took place on 17.01.1991.

(3.) The respondent is none other than the daughter of the maternal uncle of the appellant. They were blessed with a female child, on 19.10.1992. The appellant filed O.P.No.90 of 1998, against the respondent, for divorce, on three grounds. The first is that the respondent was suffering from the disease of epilepsy; the second is that she caused him cruelty and the third is that she deserted him, without any basis. He alleged that though the respondent is his close relation, her parents have suppressed the fact that she is suffering from epilepsy. He pleaded that due to recurrent attacks of epilepsy, his life is becoming miserable and there is no possibility of any improvement. As regards cruelty, it was alleged that the respondent used to threaten him to commit suicide, and at one point of time, she has consumed Baygon Spray. It was also alleged that the respondent never used to cooperate with him, and at every stage, she used to harass him, on one pretext or the other. So far as the allegation as to desertion is concerned, the appellant pleaded that the respondent left the matrimonial home in 1994, and thereafter, she did not come back, in spite of repeated efforts.