K VINAYAMANI Vs. K SUBRAMANYAM

JUDGEMENT

(1.) This is an appeal filed by the wife challenging the order of the II Additional Judge, City Civil Court, Hyderabad dissolving the marriage between the parties by granting a decree of divorce.

(2.) The husband filed an application under Sec. 13(1- A)(i) of the Hindu Marriage Act, 1955 (hereinafter called the Act) seeking dissolution of the marriage between the parties by a decree of divorce. He stated in the application that the marriage between the parties was solemnized according to the Hindu customs on 9-8-1974 and the same was consummated immediately. Later on a son was born during the wedlock on 22-7-1975 who was aged 7 years by the time of the filing of the application. The husband alleged that the wife deserted and living away from him in her parents' house. According to him ever since 1977 she never returned to the house. The wife herself filed O.P.25/86 on the file of the said court seeking judicial separation on the ground of desertion by the husband. In the said proceeding the husband remained ex parte and did not contest it with a view that better sense would prevail on her and on her parents and also for facilitating reconciliation between the parties. In the said O.P.25/86 a decree for judicial separation was passed in favour of the wife on 25-4-1986. Alleging that there was no resumption of cohabitation or reconciliation after the passing of the decree for judicial separation on 25-4-1986 the said application has been filed. The husband also referred to the fact that far from any reconciliation between the parties, the wife filed suit O.S.No.11177 of 1986 on the file of the II Additional Judge, City Civil Court, Hyderabad against him for her maintenance and the maintenance of the minor son. The filing of the suit indicates that there was no possibility of the parties coming together and lead a marital life and, therefore, the application was filed stating that the statutory required period has elapsed and that he is entitled to a decree for divorce.

(3.) The said application was resisted by the wife on the ground that the husband deserted her and left her at her parents' place for delivery and never took her back. She also stated that there has been no meeting between the petitioner and the respondent and her marital relationship with the husband has broken down since 31st August, 1978. But she complained that the husband alone is responsible for the state of affairs. She also stated that she was driven out of the marital home on 31st August, 1978 and all the efforts made by her, her parents and well-wishers for reconciliation proved futile. Having regard to the above facts she was forced to file O.P.25 of 86 seeking judicial separation which was granted ultimately by the Court. She also had to file O.S.1177/86 on the file of the II Additional Judge, City Civil Court, Hyderabad for maintenance. She pleaded that the husband cannot take advantage of his own wrong and obtain a decree for divorce. She stated that the husband is the erring patty and he cannot take advantage of his own wrong. The other allegations made in the counter are not necessary for the purpose of disposal of this appeal.